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Former UN weapons inspector Scott Ritter casts doubt on Salman Pak’s characterization as a terrorist training facility (see April 6, 2003), in an August 2002 interview later included in his book War on Iraq. Ritter says in part, “Iraqi defectors have been talking lately about the training camp at Salman Pak, south of Baghdad. They say there’s a Boeing aircraft there. That’s not true. There’s an Antonov aircraft of Russian manufacture. They say there are railroad mock-ups, bus mock-ups, buildings, and so on. These are all things you’d find in a hostage rescue training camp, which is what this camp was when it was built in the mid-1980s with British intelligence supervision. In fact, British SAS special operations forces were sent to help train the Iraqis in hostage rescue techniques. Any nation with a national airline and that is under attack from terrorists—and Iraq was, from Iran and Syria at the time would need this capability. Iraq operated Salman Pak as a hostage rescue training facility up until 1992. In 1992, because Iraq no longer had a functioning airline, and because their railroad system was inoperative, Iraq turned the facility over to the Iraqi Intelligence service, particularly the Department of External Threats. These are documented facts coming out of multiple sources from a variety of different countries. The Department of External Threats was created to deal with Kurdistan, in particular, the infusion of Islamic fundamentalist elements from Iran into Kurdistan. So, rather than being a camp dedicated to train Islamic fundamentalist terrorists, it was a camp dedicated to train Iraq to deal with Islamic fundamentalist terrorists. And they did so. Their number one target was the Islamic Kurdish party, which later grew into [Ansar al-Islam]. Now, Jeff Goldberg claimed in the New Yorker that [Ansar al-Islam] is funded by the Iraqi Intelligence service. But that’s exactly the opposite of reality: the Iraqis have been fighting Ansar for years now. Ansar comes out of Iran and is supported by Iranians. Iraq, as part of their ongoing war against Islamic fundamentalism, created a unit specifically designed to destroy these people. It would be ludicrous for Iraq to support al-Qaeda, either conventionally, as many have claimed, or even worse, to give it weapons of mass destruction…” [Ritter and Pitt, 9/25/2002]
Tyler Drumheller, CIA chief in Europe. [Source: PBS]Tyler Drumheller, the head of CIA spying in Europe, calls the German Intelligence (BND) station chief at the German embassy in Washington hoping to obtain permission to interview Curveball. Over lunch at a restaurant in Georgetown, the two discuss the case and the German officer tells Drumheller that Curveball is “crazy” [Los Angeles Times, 11/20/2005] and that the BND questions “whether Curveball [is] actually telling the truth.” [Washington Post, 5/21/2005]
Germans Confirm Curveball a Likely Fabricator - Author Craig Unger will write: “Curveball was a proprietory source of the BND, which passed its information from him to the Pentagon’s Defense HUMINT Service. In other words, even though the United States had no direct access to Curveball, [CIA Director George] Tenet was so anxious to please the White House (see September 2002) that he had given the Senate the explosive, but unsubstantiated revelation (see September 24, 2002). But now, with the crucial Senate vote over the war imminent (see October 10, 2002), Tenet had to make sure Curveball was for real. Not long after the meeting with the Senate Intelligence Committee, Tenet asked [top CIA official] Tyler Drumheller to get direct access to Curveball.” [Unger, 2007, pp. 247] In 2009, German Foreign Minister Joschka Fischer will recall: “I was astonished that the Americans used Curveball, really astonished. This was our stuff. But they presented it not in the way we knew it. They presented it as a fact, and not as the way an intelligence assessment is—could be, but could also be a big lie. We don’t know.” [Vanity Fair, 2/2009] The Germans respond that Curveball is “probably a fabricator.” They also inform Drumheller that the BND will not give in to CIA requests to gain access to Curveball.
Violent Opposition to Characterization among CIA Officials - After the meeting, Drumheller and several aides get into bitter arguments with CIA analysts working on the Curveball case. “The fact is, there was a lot of yelling and screaming about this guy,” James Pavitt, chief of clandestine services, will later tell the Los Angeles Times. “My people were saying, ‘We think he’s a stinker.’” But CIA analysts remain supportive of Curveball’s account. In one meeting, the chief CIA analyst argues that material she found on the Internet corroborates Curveball’s account, to which the operations group chief for Germany retorts, “That’s where he got it too.” [Los Angeles Times, 11/20/2005] Drumheller will later recall his astonishment at the violence of the reaction among CIA officials. “People were cursing,” he will recall. “These guys were absolutely, violently committed to it [relying on Curveball as a primary source of intelligence].” Drumheller is unaware that a draft National Intelligence Estimate on Iraq (see October 1, 2002) has already been written, and that it relies heavily on Curveball’s intelligence. When Drumheller tells Deputy CIA Director John McLaughlin that Curveball may be a fabricator, McLaughlin replies, “Man, I really hope not, because this is really the only substantive part of the NIE.” Drumheller now realizes what has escaped him before—Curveball is the only source the US has for its explosive claims about Iraq’s bioweapons labs, claims being used to justify a war. He tells his group chief that he had assumed the CIA had other sources to validate Curveball’s data. “No,” she says. “This is why they’re fighting so ferociously to validate this source.” [Unger, 2007, pp. 247-248]
Politicization of Intelligence - Paul Pillar, the CIA’s former national intelligence officer for the Near East and South Asia, will later tell a PBS reporter: “Politicization, real politicization, rarely [takes the form of] blatant, crude arm twisting.… It’s always more subtle.… Intelligence assessments that conform with what is known to be the policy [have] an easier time making it through.” [Unger, 2007, pp. 249]
Defense Secretary Donald Rumsfeld warns the House Armed Services Committee of the serious and imminent threat that Saddam Hussein poses to Western countries. He says: “No terrorist state poses a greater and more immediate threat to the security of our people and the stability of the world than the regime of Saddam Hussein.” He adds: “What has not changed is Iraq’s drive to acquire those weapons of mass destruction, and the fact that every approach that the United Nations has taken to stop Iraq’s drive has failed. This is a critical moment for our country and for the world. Our resolve is being put to the test. It is a test unfortunately the world’s free nations have failed before in recent history with unfortunate consequences.” [US Congress, 9/18/2002; Daily Telegraph, 9/19/2002; Agence France-Presse, 9/19/2002] Rumsfeld says of Iraq’s putative nuclear weapons program, “Some have argued that the nuclear threat from Iraq is not imminent—that Saddam [Hussein] is at least 5-7 years away from having nuclear weapons. I would not be so certain…. He has, at this moment, stockpiles of chemical and biological weapons, and is pursuing nuclear weapons.” [Salon, 3/6/2004] The Secretary of Defense also says that Congress must authorize the president to use military force against Iraq before the Security Council votes on the issue. “Delaying a vote in the Congress would send a message that the US may be unprepared to take a stand, just as we are asking the international community to take a stand and as we are cautioning the Iraqi regime to consider its options,” argues Rumsfeld, adding, “Our job today—the president’s, the Congress’ and the United Nations’—is to… anticipate vastly more lethal attacks before they happen and to make the right decision as to whether or not it’s appropriate for this country to take action…. The goal is not inspections, the goal is disarmament.” [US Congress, 9/18/2002; Associated Press, 9/19/2002] He also tries to discredit Iraq’s September 16, 2002 (see September 16, 2002), offer to admit UN inspectors without conditions. He says: “There’s no doubt in my mind but that the inspection program that currently is on the books wouldn’t work because it’s so much weaker than the earlier one. The more inspectors that are in there, the less likely something is going to happen. The longer nothing happens, the more advanced their weapons programs go along.” [US Congress, 9/18/2002] Rumsfeld is drastically revising his own stance from over a year before, when he told an interviewer on February 12, 2001, that Iraq was “probably not a nuclear threat” (see February 12, 2001).
Fallujah II chemical plant. [Source: CIA]In a televised speech, President Bush presents the administration’s case that Saddam Hussein’s regime is a threat to the security of the nation and insists that regime change would improve lifes for Iraqis. “Some worry that a change of leadership in Iraq could create instability and make the situation worse. The situation could hardly get worse, for world security and for the people of Iraq. The lives of Iraqi citizens would improve dramatically if Saddam Hussein were no longer in power, just as the lives of Afghanistan’s citizens improved after the Taliban.” The speech is widely criticized for including false and exaggerated statements.
Iraq has attempted to purchase equipment used to enrich uranium for nuclear weapons - Bush claims that a shipment of 3,000 aluminum tubes to Iraq, which were intercepted in Jordan by US authorities in July of 2001 (see July 2001), had been destined for use in a uranium enrichment program. But by this time numerous experts and government scientists have already warned the administration against making this allegation. [US President, 10/14/2002] Three weeks before Bush’s speech, The Washington Post ran a story on the aluminum tubes. The article summarized a study by the Institute for Science and International Security (ISIS), disputing the administration’s claim that the tubes were to be used for gas centrifuges. The report was authored by the institute’s president and founder, David Albright, a respected nuclear physicist, who had investigated Iraq’s nuclear weapons program after the First Gulf War as a member of the International Atomic Energy Agency’s inspection team and who has spoken before Congress on numerous occasions. In his study, he concluded that Iraq’s attempts to import the tubes “are not evidence that Iraq is in possession of, or close to possessing, nuclear weapons” and “do not provide evidence that Iraq has an operating centrifuge plant or when such a plant could be operational.” [Washington Post, 9/19/2002; Guardian, 10/9/2002; San Francisco Chronicle, 10/12/2002; Albright, 10/9/2003] Soon after the speech, Albright tells The Guardian newspaper that there is still no evidence to substantiate that interpretation. As one unnamed specialist at the US Department of Energy explains to the newspaper, “I would just say there is not much support for that [nuclear] theory around here.” [Guardian, 10/9/2002] The Washington Post article also reported that government experts on nuclear technology who disagreed with the White House view had told Albright that the administration expected them to remain silent. [Washington Post, 9/19/2002; Independent, 9/22/2002] Houston G. Wood III, a retired Oak Ridge physicist considered to be “among the most eminent living experts” on gas centrifuges reviewed the tube question in August 2001 (see 1950s) and concluded at that time that it was very unlikely that the tubes had been imported to be used for centrifuges in a uranium enrichment program. He later tells The Washington Post in mid-2003 that “it would have been extremely difficult to make these tubes into centrifuges,” adding that it stretched “the imagination to come up with a way.” He also says that other centrifuge experts whom he knew shared his assessment of the tubes. [Washington Post, 8/10/2003] In addition to the several outside experts who criticized the tubes allegation, analysts within the US intelligence community also doubted the claim. Less than a week before Bush’s speech, the Energy Department and the State Department’s intelligence branch, the INR, had appended a statement to a National Intelligence Estimate on Iraq disputing the theory (see October 1, 2002). [Central Intelligence Agency, 10/1/2002 Sources: David Albright]
Saddam Hussein ordered his nuclear program to continue in 1998 - Bush says that US intelligence has information that Saddam Hussein ordered his nuclear program to continue after inspectors left in 1998. “Before being barred from Iraq in 1998, the International Atomic Energy Agency dismantled extensive nuclear weapons-related facilities, including three uranium enrichment sites,” Bush charges. “That same year, information from a high-ranking Iraqi nuclear engineer who had defected revealed that despite his public promises, Saddam Hussein had ordered his nuclear program to continue.” [San Francisco Chronicle, 10/12/2002; US President, 10/14/2002] But Bush’s “high-ranking” source turns out to be Khidir Hamza, who is considered by many to be an unreliable source. Albright, who was president of the Institute for Science and International Security where Hamza worked as an analyst from 1997 to 1999, says that after Hamza defected, “he went off the edge [and] started saying irresponsible things.” [San Francisco Chronicle, 10/12/2002] And General Hussein Kamel, Saddam Hussein’s son-in-law who was in charge of the dictator’s former weapons program but who defected in 1995, told UNSCOM and IAEA inspectors, as well as US and British intelligence, that Khidir Hamza was “a professional liar.” Kamel explained, “He worked with us, but he was useless and always looking for promotions. He consulted with me but could not deliver anything…. He was even interrogated by a team before he left and was allowed to go.” [United Nations Special Commission, 4/16/1998; New Yorker, 5/12/2003]
Iraq is developing drones that could deploy chemical and biological weapons - The President claims that Iraq is developing drones, or unmanned aerial vehicles (UAVs), which “could be used to disperse chemical or biological weapons across broad areas.” He goes so far as to say, “We’re concerned that Iraq is exploring ways of using these UAVs for missions targeting the United States.” [Guardian, 10/9/2002; US President, 10/14/2002] But this claim comes shortly after US intelligence agencies completed a National Intelligence Estimate on Iraq, in which Air Force intelligence had disputed the drone allegation (see October 1, 2002). Bush’s drone allegation is quickly derided by experts and other sources. The Guardian of London reports two days later that according to US military experts, “Iraq had been converting eastern European trainer jets, known as L-29s, into drones, but… that with a maximum range of a few hundred miles they were no threat to targets in the US.” [Guardian, 10/9/2002] And the San Francisco Chronicle will cite experts who say that “slow-moving unmanned aerial vehicles would likely be shot down as soon as they crossed Iraq’s borders” because “Iraqi airspace is closely monitored by US and British planes and radar systems.” The report will also note, “It’s also unclear how the vehicles would reach the US mainland—the nearest point is Maine, almost 5, 500 miles away—without being intercepted.” [San Francisco Chronicle, 10/12/2002] Anthony Cordesman, a security analyst at the Center for Strategic and International Studies, will say he believes the drone allegation is unrealistic. In an interview with the San Francisco Chronicle, he says, “As a guesstimate, Iraq’s present holdings of delivery systems and chemical and biological weapons seem most likely to be so limited in technology and operational lethality that they do not constrain US freedom of action or do much to intimidate Iraq’s neighbors.” [San Francisco Chronicle, 10/12/2002] These criticisms of Bush’s claim are validated after the US invasion of Iraq. Two US government scientists involved in the post-invasion hunt for weapons of mass destruction will tell the Associated Press in August 2003 that they inspected the drones and concluded that they were never a threat to the US. “We just looked at the UAVs and said, ‘There’s nothing here. There’s no room to put anything in here,’” one of the scientists will say. “The US scientists, weapons experts who spoke on condition of anonymity, reached their conclusions after studying the small aircraft and interviewing Iraqi missile experts, system designers and Gen. Ibrahim Hussein Ismail, the Iraqi head of the military facility where the UAVs were designed,” the Associated Press will explain in its report. [Associated Press, 8/24/2003]
Saddam Hussein could give terrorists weapons of mass destruction - Bush asserts, “Iraq could decide on any given day to provide a biological or chemical weapon to a terrorist group or individual terrorists.” [US President, 10/14/2002] But not only have numerous experts and inside sources disputed this theory (see July 2002-March 19, 2003), US intelligence’s National Intelligence Estimate on Iraq—completed just one week before—concluded that this is an unlikely scenario (see October 1, 2002). “Baghdad, for now, appears to be drawing a line short of conducting terrorist attacks with conventional or CBW against the United States,” the document clearly stated. “Should Saddam conclude that a US-led attack could no longer be deterred he probably would become much less constrained in adopting terrorist actions.” [San Francisco Chronicle, 10/12/2002]
Iraq rebuilding facilities associated with production of biological and chemical weapons - Bush claims that surveillance photos indicate that Iraq “is rebuilding facilities that it had used to produce chemical and biological weapons.” [US President, 10/14/2002] On the following day, photos are published on the White House website showing that Iraq had repaired three sites damaged by US bombs—the Al Furat Manufacturing Facility, the Nassr Engineering Establishment Manufacturing Facility, and Fallujah II. [US President, 10/14/2002] But no evidence is provided by the White House demonstrating that these sites have resumed activities related to the production of weapons of mass destruction. Iraqi authorities will give reporters a tour of the facilities on October 10 (see October 10, 2002).
Iraq has trained al-Qaeda members in bomb-making and poisons and deadly gases - Bush alleges that Iraq has trained al-Qaeda operatives “in bomb-making and poisons and deadly gases.” [US President, 10/14/2002] The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim had not yet been substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recants the claim (see February 14, 2004). A Defense Intelligence Agency report in February 2002 (see February 2002) had also expressed doubt in the claim, going so far as to suggest that al-Libi was “intentionally misleading [his] debriefers.” [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005; New York Times, 11/6/2005] And earlier in the month, US intelligence services had concluded in their National Intelligence Estimate on Iraq that this allegation could not be confirmed. [CNN, 9/26/2002; Newsday, 10/10/2002; San Francisco Chronicle, 10/12/2002; Washington Post, 6/22/2003]
A very senior al-Qaeda leader received medical treatment in Baghdad - Bush claims: “Some al-Qaeda leaders who fled Afghanistan went to Iraq. These include one very senior al-Qaeda leader who received medical treatment in Baghdad this year, and who has been associated with planning for chemical and biological attacks.” The allegation refers to Abu Musab al-Zarqawi, a Jordanian-born Palestinian who is the founder of al-Tawhid, an organization whose aim is to kill Jews and install an Islamic regime in Jordan. It was first leaked to the press by an anonymous US official several days before Bush’s speech (see October 2, 2002). The allegation is partly based on intercepted telephone calls in which al-Zarqawi was overheard calling friends or relatives (see December 2001-Mid-2002). But on the same day as Bush’s speech, Knight Ridder Newspapers reports that according to US intelligence officials, “The intercepts provide no evidence that the suspected terrorist was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” [Knight Ridder, 10/7/2002; US President, 10/14/2002] Al-Zarqawi will link with al-Qaeda, but only in 2004, after the start of the war in Iraq (see October 17, 2004).
Entity Tags: Al-Tawhid, Bureau of Intelligence and Research, Anthony Cordesman, David Albright, Institute for Science and International Security, Heritage Foundation and the Center for Strategic and International Studies, George W. Bush, Hussein Kamel, Houston G. Wood III, Al-Qaeda, Saddam Hussein, International Atomic Energy Agency, US Department of State, Abu Musab al-Zarqawi, US Department of Energy, Ibn al-Shaykh al-Libi, Taliban, Ibrahim Hussein Ismail, Khidir Hamza
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI informant who rented a room to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. [US News and World Report, 12/1/2002] He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.… We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” [US Congress, 7/24/2003 ; San Diego Union-Tribune, 7/25/2003] Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. [US News and World Report, 12/1/2002] The FBI had tried to prevent Butler from testifying, but was unsuccessful. [Washington Post, 10/11/2002] Following Butler’s testimony, Staff Director Eleanor Hill “detail[s] his statements in a memo to the Justice Department.” The Justice Department will decline comment on the matter, saying Butler’s testimony is classified. [US News and World Report, 12/1/2002] This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. [Washington Post, 11/24/2002]
Qaed Salim Sinan Al-Harethi (right) with Osama bin Laden on May 26, 1998, in Khost, Afghanistan. [Source: CNN via Getty Images]Deputy Defense Secretary Paul Wolfowitz confirms that the assassination of Qaed Senyan al-Harethi in Yemen two days earlier (see November 3, 2002) was done with a US Predator drone that struck the truck carrying al-Harethi and five others. Initial reported suggested that the truck was destroyed by a car bomb, but this cover story is blown when Wolfowitz brags about the success of the operation on CNN, revealing US involvement. Newsweek reports that “The CIA, which ran the operation, was furious with the Defense Department for blowing its cover story.” US procedures required that the Yemeni government had to give approval of the strike in advance, and the revelation of such approval is highly embarrassing to the Yemeni government. [Washington Post, 11/6/2002; Newsweek, 11/11/2002] There are widespread protests in Yemen and the US Embassy has to be closed for a period of time following Wolfowitz’s revelation. [Salon, 8/13/2004] A knowledgeable source tells Newsweek that Yemen’s President Ali Abdallah Saleh is “highly pissed” about the leak. CIA officials worry the leak will discourage other countries from allowing Predator strikes within their borders. A former senior CIA official says, “The Pentagon view seems to be, this is good, it shows we can reach out and touch ‘em. The CIA view is, you dumb bastards, this means no other country will cooperate with us!” [Newsweek, 11/11/2002] Yayha Almutawakel, deputy secretary general of the ruling party in Yemen, says,
“This is why it is so difficult to make deals with the United States. This is why we are reluctant to work closely with them. They don’t consider the internal consequences in Yemen. In security matters you don’t want to alert the enemy.” [Salon, 8/13/2004] Wolfowitz’s leak also starts a debate about the morality and legality of the strike, especially since a US citizen was killed (see November 5- December, 2002).
CIA official Margaret Henoch. [Source: CBS News]Doubts as to the veracity and reliability of the information provided about Iraq’s secret bioweapons program by the Iraqi defector known as “Curveball” are growing among German intelligence analysts (see February 2001), and among some CIA analysts and officials as well, who are receiving summations of Curveball’s assertions from their German counterparts. Central group chief Margaret Henoch is one of those who questions Curveball’s reliability. Henoch later recalls in a CBS report revealing Curveball’s true identity (see November 4, 2007), “I said, ‘You know, I don’t know who this guy is. There’s no proof that he is who he is. There’s no proof that any of this ever happened. And, from my perspective, I just don’t think we should trust this.’” When the top CIA analyst working with Curveball’s information tries to prove his identity by showing Henoch a picture of a man in a hazmat (hazardous materials) suit, she recalls responding, “‘How do you know that was him if he’s completely covered? ‘Cause it could be me.’ And, as God as my witness, she looked at me like a pig looking at a wristwatch. And I thought it was over. And, when I went back, I sort of said to my boss, ‘Well, I’m such a genius.’” Henoch is mistaken in believing that Curveball’s reliability had been holed. She later recalls, “[I]t was whack-a-mole. I mean, he just popped right back up.” Her superiors want Curveball to be credible, and are prepared to overlook the inconsistencies and unverifiable claims he is making. [CBS News, 11/4/2007]
White House Press Secretary Ari Fleischer says during a press briefing: “I will say this is something that the president has said publicly, that Iraq did, in fact, seek to buy these tubes for the purpose of producing, not as Iraq now claims conventional forces, but for the purpose of trying to produce nuclear weapons. And so it’s, on the one hand, mildly encouraging that Iraq would now admit to what it’s been doing. But on the other hand, a lie is still a lie, because these—they sought to produce these for the purpose of production of nuclear weapons, not conventional.” He also states that the evidence of WMD is that Saddam Hussein will claim there are no WMD and that proves there are WMD because Hussein is a liar. “Saddam Hussein does not exactly have a track record of telling the world the truth. So he, on December 8th, has to indicate whether or not he has weapons. Let’s see what he says. If he declares he has none, then we will know that Saddam Hussein is once again misleading the world.” When asked how he knows Iraq has WMD, Fleischer says, “We have intelligence information about what Saddam Hussein possesses… It’s no secret. We’ve said many times—you’ve heard the President say repeatedly that he has chemical and biological weapons, and he has missiles that can reach an access of 150 kilometers, all three of which are violations of his sworn commitments to the United Nations.” [White House, 12/2/2002]
UNMOVIC inspectors say they have yet to uncover evidence indicating that Iraq has resumed its production of weapons of mass destruction. After providing the UN Security Council with a summary of the inspectors’ findings, Hans Blix tells reporters in New York, “We have now been there for some two months and been covering the country in ever wider sweeps and we haven’t found any smoking guns.” [Guardian, 1/10/2003] But Ari Fleischer, the White House press secretary, insists that the absence of evidence is of little concern, asserting, “The problem with guns that are hidden is you can’t see their smoke. We know for a fact that there are weapons there.” [Guardian, 1/10/2003] When asked how he knows this, Fleischer quotes from the UN weapons inspectors’ report and notes, “So while they’ve [UN Inspectors] said that there’s no smoking gun, they said the absence of it is not assured. And that’s the heart of the problem. The heart of the problem is Iraq is very good at hiding things.” [White House, 1/9/2003] John Negroponte, the US ambassador to the UN, accuses Iraq of “legalistic” cooperation, claiming that it needs to act proactively. He also says, “There is still no evidence that Iraq has fundamentally changed its approach from one of deceit to a genuine attempt to be forthcoming.” [Guardian, 1/10/2003] Colin Powell also seems undaunted by Blix’s remarks. “The lack of a smoking gun does not mean that there’s not one there,” he says, “If the international community sees that Saddam Hussein is not cooperating in a way that would not allow you to determine the truth of the matter, then he is in violation of the UN resolution  (see November 8, 2002)…You don’t really have to have a smoking gun.” [News24, 1/10/2003] Sir Jeremy Greenstock, the British ambassador to the UN, echoes views from Washington, asserting that the “passive cooperation of Iraq has been good in terms of access and other procedural issues,” and adds, “But proactive cooperation has not been forthcoming—the kind of cooperation needed to clear up the remaining questions in the inspectors’ minds.” [Guardian, 1/10/2003]
Frank Koza, chief of staff in the “Regional Targets” section of the National Security Agency, issues a secret memo to senior NSA officials that orders staff to conduct aggressive, covert surveillance against several United Nations Security Council members. This surveillance, which has the potential to wreak havoc on US relations with its fellow nations, is reportedly ordered by George W. Bush and his national security adviser, Condoleezza Rice. Koza, whose section spies on countries considered strategically important to US interests, is trying to compile information on certain Security Council members in order to help the United States to win an upcoming UN resolution vote on whether to support military action against Iraq (see February 24, 2003.
Targeted Nations Include 'Middle Six' - The targeted members are the delegations from Angola, Cameroon, Chile, Mexico, Guinea, and Pakistan, who together make up the so-called “Middle Six.” These six nations are officially “on the fence,” and their votes are being aggressively courted by both the pro-war faction, led by the US and Britain, and the anti-war faction, led by France, Russia and China (see Mid-February 2003-March 2003. [Observer, 3/2/2003] Bulgaria is another nation targeted, and that operation will apparently be successful, because within days Bulgaria joined the US in supporting the Iraq war resolution. Mexico, another fence-straddler, is not targeted, but that may be because, in journalist Martin Bright’s words, “the Americans had other means of twisting the arms of the Mexicans.” (Bright is one of the authors of the original news report.) The surveillance program will backfire with at least one country, Chile, who has its own history of being victimized by US “dirty tricks” and CIA-led coups. Chile is almost certain to oppose the US resolution. [Australian Broadcasting Corporation, 3/6/2003] It is also likely, some experts believe, that China is an ultimate target of the spy operation, since the junior translater who will leak the Koza memo in February, Katharine Gun, is fluent in Mandarin Chinese and is unlikely to have seen the memo unless she would have been involved in translating it into that language. [AlterNet, 2/18/2004]
Operation Ruined US Chances of Winning Vote - Later assessment shows that many experts believe the spying operation scuttled any chance the US had of winning the UN vote, as well as the last-ditch attempt by the UN to find a compromise that would avert a US-British invasion of Iraq. [Observer, 2/15/2004]
Chile 'Surprised' to be Targeted - Chile’s ambassador to Britain, Mariano Fernandez, will say after learning of the NSA surveillance, “We cannot understand why the United States was spying on Chile. We were very surprised. Relations have been good with America since the time of George Bush, Sr.” [Observer, 3/9/2003]
Mexico Suspected Spying - Mexico’s UN representative, Adolfo Aguilar Zinser, will tell the Observer a year later that he and other UN delegates believed at the time that they were being spied upon by the US during their meetings. “The surprising thing was the very rapid flow of information to the US quarters,” he will recall. “It was very obvious to the countries involved in the discussion on Iraq that we were being observed and that our communications were probably being tapped. The information was being gathered to benefit the United States.” [Observer, 2/15/2004]
Memo Comes Before Powell's UN Presentation - The memo comes just five days before Colin Powell’s extraordinary presentation to the UN to build a case for war against Iraq (see [complete_timeline_of_the_2003_invasion_of_iraq_442]]), and is evidence of the US’s plans to do everything possible to influence the UN to vote to authorize war with that nation. The memo says the eavesdropping push “will probably peak” after Powell’s speech. [Baltimore Sun, 3/4/2003]
NSA Wants Details of Voting Plans, More - The NSA wants information about how these countries’ delegations “will vote on any second resolution on Iraq, but also ‘policies’, ‘negotiating positions’, ‘alliances’ and ‘dependencies’—the whole gamut of information that could give US policymakers an edge in obtaining results favorable to US goals or to head off surprises.” [Observer, 3/2/2003] Bright will tell other reporters on March 9, “It’s quite clear what they were going for was not only the voting patterns and the voting plans and the negotiations with other interested parties such as the French or the Chinese, it wasn’t just the bare bones, it was also the office telephone communications and email communications and also what are described as ‘domestic coms’, which is the home telephones of people working within the UN. This can only mean that they were looking for personal information. That is, information which could be used against those delagates. It’s even clear from the memo that this was an aggressive operation. It wasn’t simply a neutral surveillance operation.” According to Bright’s sources, the orders for the program came “from a level at least as high as Condoleezza Rice, who is the President’s National Security Adviser.” [Australian Broadcasting Corporation, 3/6/2003]
'Surge' of Covert Intelligence Gathering - Koza advises his fellow NSA officials that the agency is “mounting a surge” aimed at gaining covert information that will help the US in its negotiations. This information will be used for the US’s so-called Quick Response Capability (QRC), “against” the six delegations. In the memo, Koza writes that the staff should also monitor “existing non-UN Security Council Member UN-related and domestic comms [office and home telephones] for anything useful related to Security Council deliberations,” suggesting that not only are the delegates to be monitored in their UN offices, but at their homes as well. Koza’s memo is copied to senior officials at an unnamed foreign intelligence agency (later revealed to be Britain). Koza addresses those officials: “We’d appreciate your support in getting the word to your analysts who might have similar more indirect access to valuable information from accesses in your product lines [intelligence sources].…I suspect that you’ll be hearing more along these lines in formal channels.” The surveillance is part of a comprehensive attempt by the US to influence other nations to vote to authorize a war against Iraq; these US attempts include proffers of economic and military aid, and threats that existing aid packages will be withdrawn. A European intelligence source says, The Americans are being very purposeful about this.” [National Security Agency, 1/31/2003; Observer, 3/2/2003; Observer, 2/8/2004]
US Media Ignores Operation - While the European and other regional media have produced intensive coverage of the news of the NSA’s wiretapping of the UN, the American media virtually ignores the story until 2004, when Gun’s court case is scheduled to commence (see February 26, 2004). Bright, in an interview with an Australian news outlet, says on March 6 that “[i]t’s as well not to get too paranoid about these things and too conspiratorial,” he was scheduled for interviews by three major US television news outlets, NBC, Fox News, and CNN, who all “appeared very excited about the story to the extent of sending cars to my house to get me into the studio, and at the last minute, were told by their American desks to drop the story. I think they’ve got some questions to answer too.” [Australian Broadcasting Corporation, 3/6/2003] Most US print media outlets fail to cover the story, either. The New York Times, the self-described newspaper of record for the US, do not cover the story whatsoever. The Times’s deputy foreign editor, Alison Smale, says on March 5, “Well, it’s not that we haven’t been interested, [but] we could get no confirmation or comment” on the memo from US officials. “We would normally expect to do our own intelligence reporting.” The Washington Post publishes a single story about the operation, focusing on the idea that surveillance at the UN is business as usual. The Los Angeles Times fixes on claims by unnamed “former top intelligence officials” believe Koza’s memo is a forgery. (When the memo is proven to be authentic, both the Post and the Los Angeles Times refuse to print anything further on the story.) Author Norman Solomon writes, “In contrast to the courage of the lone woman who leaked the NSA memo—and in contrast to the journalistic vigor of the Observer team that exposed it—the most powerful US news outlets gave the revelation the media equivalent of a yawn. Top officials of the Bush administration, no doubt relieved at the lack of US media concern about the NSA’s illicit spying, must have been very encouraged.” [ZNet, 12/28/2005]
UN to Launch Inquiry - The United Nations will launch its own inquiry into the NSA surveillance operation (see March 9, 2003).
Entity Tags: United Nations Security Council, Washington Post, NBC, New York Times, Martin Bright, Condoleezza Rice, George W. Bush, Alison Smale, Britain Mariano FernÃ¡ndez, Los Angeles Times, CNN, Fox News, Colin Powell, National Security Agency, Frank Koza
Timeline Tags: Events Leading to Iraq Invasion
Katharine Gun. [Source: BBC]Katharine Gun, a 29-year old translator for British intelligence’s Government Communications Headquarters (GCHQ), leaks the National Security Agency memo documenting the NSA’s electronic and physical surveillance of numerous UN delegates to the Security Council (see January 31, 2003). Gun will be arrested on March 8 and charged with violating the Official Secrets Act (see March 9, 2003). Gun leaks the memo, [BBC, 9/15/2004] written by the NSA’s Frank Koza and sent to several US allies via its ECHELON global surveillance system, to Britain’s Observer, which spends weeks verifying the document’s veracity before running the story on March 2. Former NSA intelligence officer Wayne Madsen, now of the Electronic Privacy Information Center, says the leak illustrates the deep unhappiness among several US allies’ intelligence agencies over US and British attempts to allege ties between Iraq and al-Qaeda. “My feeling is that this was an authorized leak,” Madsen says. “I’ve been hearing for months of people in the US and British intelligence community who are deeply concerned about their governments ‘cooking’ intelligence to link Iraq to al-Qaeda.’ While surveillance of delegates and other officials at the UN is a violation of the Vienna Convention on Diplomatic Relations, [Observer, 3/9/2003] intelligence experts acknowledge that the US and other nations routinely conduct at least some sort of surveillance on UN members. “One would have to have the innocence of an unborn child to believe that espionage doesn’t go on every day at the United Nations,” says one such expert, Loch Johnson. “From a purist point of view, it’s unfortunate in a way, because after all, we’re the host nation for the United Nations. But the reality is, Europeans and everyone else engages in espionage in New York City, much of it focused on the United Nations.” Experts say what is unprecedented is the leak itself, especially in its timeliness and detail. [Baltimore Sun, 3/4/2003]
Vietnam-era whistleblower Daniel Ellsberg, who leaked the so-called “Pentagon Papers” to the New York Times, writes in January 2004, “I can only admire the more timely, courageous action of Katherine Gun…who risked her career and freedom to expose an illegal plan to win official and public support for an illegal war, before that war had started. Her revelation of a classified document urging British intelligence to help the US bug the phones of all the members of the UN security council to manipulate their votes on the war may have been critical in denying the invasion a false cloak of legitimacy.…She did what she could, in time for it to make a difference, as indeed others should have done, and still can. I have no doubt that there are thousands of pages of documents in safes in London and Washington right now—the Pentagon Papers of Iraq—whose unauthorized revelation would drastically alter the public discourse on whether we should continue sending our children to die in Iraq.…Exposing governmental lies carries a heavy personal risk, even in our democracies. But that risk can be worthwhile when a war’s-worth of lives is at stake.” [Guardian, 1/27/2004]
Entity Tags: United Nations, Observer, Vienna Convention on Diplomatic Relations, Wayne Madsen, Loch Johnson, United Nations Security Council, Government Communications Headquarters, Daniel Ellsberg, Katherine Gun, Al-Qaeda, Echelon, National Security Agency, Electronic Privacy Information Center, Frank Koza
Timeline Tags: Events Leading to Iraq Invasion
The US and British conduct a spy operation targeting UN Secretary-General Kofi Annan and other top UN officials. But news of this will not surface until February 2004. “[T]he UK… was… spying on Kofi Annan’s office and getting reports from him about what was going on,” former British cabinet member Claire Short will tell BBC Radio 4’s Today. When asked to elaborate, she says, “Well I know—I’ve seen transcripts of Kofi Annan’s conversations.” [BBC, 2/26/2004; Independent, 2/26/2004; New York Times, 2/27/2004; Guardian, 2/28/2004 Sources: Claire Short] And in an interview with The Guardian one day later, Hans Blix will say that he believes he too was bugged. [Guardian, 2/28/2004 Sources: Hans Blix] Under international treaties, it is illegal for member states to spy on UN offices. [New York Times, 2/27/2004; Sydney Morning Herald, 2/28/2004]
Ephraim Halevy, head of the Mossad from 1998 to 2002, is interviewed by 60 Minutes. He denies allegations that Israel was behind the 9/11 attacks, saying, “Needless to say, this is not just a big lie. I think this is really also a travesty of any vestige of truth.” He also suggests that some Arab governments may have been subtly promoting this allegation to hurt Israel. But at the same time, he hints that the Mossad has had great secret successes. He claims, “Not one big success of the Mossad has ever been made public.” Equally cryptically, when asked what moment he is most proud of, he replies, “This is something I can’t talk about unfortunately. I am sorry about that.” [CBS News, 2/5/2003]
Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. [US Department of State, 2/5/2003] At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. [Bamford, 2004, pp. 371-2; Vanity Fair, 5/2004, pp. 232] In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. [US Department of State, 2/5/2003] Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” [Associated Press, 8/9/2003]
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003]
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). [US Department of State, 2/5/2003] However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). [Independent, 2/3/2003; Daily Telegraph, 2/4/2003] Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005] Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” [Newsweek, 11/10/2005] Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. [New York Times, 2/6/2003; Washington Post, 2/7/2003]
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” [US Department of State, 2/5/2003; New York Times, 2/5/2003] But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” [Associated Press, 2/7/2003] Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. [Reuters, 2/7/2003; Guardian, 2/15/2003] Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” [Guardian, 2/15/2003]
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” [US Department of State, 2/5/2003] But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. [Mercury News (San Jose), 3/18/2003; Agence France-Presse, 6/6/2003]
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” [US Department of State, 2/5/2003; Washington Post, 2/6/2003] Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. [US Department of State, 2/5/2003; Washington Post, 2/6/2003; Washington Post, 2/6/2003] AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” [PBS, 4/25/2007]
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. [New York Times, 2/5/2003; US Department of State, 2/5/2003; London Times, 2/6/2003; Sydney Morning Herald, 2/7/2003] Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” [Washington Post, 2/13/2003] Some critics argue that the intercepts were presented out of context and open to interpretation. [Sydney Morning Herald, 2/7/2003; Sydney Morning Herald, 2/9/2003] Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. [Newsday, 2/6/2003]
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003; Reuters, 2/11/2003] Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. [CBS News, 11/4/2007] Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. [Guardian, 2/5/2003; ABC News, 5/21/2003] Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” [Guardian, 2/5/2003; ABC News, 5/21/2003]
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. [Veteran Intelligence Professionals for Sanity, 8/22/2003; Los Angeles Times, 3/28/2004; Knight Ridder, 4/4/2004; Newsweek, 4/19/2004; Newsweek, 7/19/2004] Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. [Buzzflash (.com), 11/27/2007] In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” [Washington Post, 2/6/2003] After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). [CNN, 3/7/2003; Agence France-Presse, 3/7/2003; CNN, 3/7/2003] Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” [Alternet, 10/22/2007]
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” [PBS, 4/25/2007]
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” [US Department of State, 2/5/2003; New York Times, 2/5/2003; Washington Post, 2/6/2003] But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. [Associated Press, 8/9/2003]
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003)
(see January 11, 2003)
(see August 17, 2001)
(see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. [US Department of State, 2/5/2003; Washington Post, 2/5/2003; Washington Post, 3/8/2003] Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001)
(see September 23, 2002)
(see December 2002). [Albright, 10/9/2003] Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). [Washington Post, 8/10/2003] This had been reported just two weeks earlier by the Washington Post. [Washington Post, 1/24/2003] Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). [Financial Times, 7/29/2003]
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” [US Department of State, 2/5/2003; New York Times, 2/6/2003] Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….”
(see January 27, 2003) [Annan, 1/27/2003 ] On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.”
(see March 7, 2003) [CNN, 3/7/2003]
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” [US Department of State, 2/5/2003; New York Times, 2/6/2003]
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; US Department of State, 2/5/2003] A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003; Associated Press, 8/9/2003]
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. [US Department of State, 2/5/2003] It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” [Associated Press, 8/9/2003]
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. [Associated Press, 8/9/2003]
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” [US Department of State, 2/5/2003; CNN, 2/5/2003]
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).
Entity Tags: Bureau of Intelligence and Research, Bush administration (43), Bundesnachrichtendienst, Bob Drogin, Central Intelligence Agency, Ansar al-Islam, ’Curveball’, Al-Qaeda, Charles Hanley, Abu Musab al-Zarqawi, Ahmed Chalabi, Ali Jassem, Colin Powell, Ewen Buchanan, Faleh Hassan, Saddam Hussein, United Nations Monitoring, Verification and Inspection Commission, United Nations Special Commission, Raymond Zilinskas, Peter Franck, United Nations Security Council, Lawrence Wilkerson, Hans Blix, Ibn al-Shaykh al-Libi, Iraqi National Congress, Mohamed ElBaradei, George J. Tenet
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
In a radio address to the US nation, President Bush reiterates the two main reasons for military action against Iraq, named the certain existence of WMD and al-Qaeda training camps in Iraq. He says, “We have sources that tell us that Saddam Hussein recently authorized Iraqi field commanders to use chemical weapons—the very weapons the dictator tells us he does not have.… We also know that Iraq is harboring a terrorist network headed by a senior al-Qaeda terrorist planner. This network runs a poison and explosive training camp in northeast Iraq, and many of its leaders are known to be in Baghdad.” [President Bush, 8/2/2003]
Representative Curt Weldon. [Source: H. Rumph Jr / Associated Press]Congressman Curt Weldon (R-PA) becomes embroiled in a plot by Iranian arms dealer Manucher Ghorbanifar to contrive a secret uranium exchange between Iran and Iraq. According to Ghorbanifar’s story (see January 11, 2006), just before the March 2003 invasion of Iraq, a team of Iranian intelligence agents infiltrated Iraq and stole enriched uranium for use in Iran’s nuclear weapons program. The story is later proven to be false, and based on a desire for money and to embroil Iran and Iraq in a spurious WMD plot. After first being contacted by a mysterious Iranian source through a friend and a colleage on March 7, Weldon repeatedly flies to Paris to meet with the source he later calls “Ali,” who is later shown to be Fereidoun Mahdavi, a former minister in the Shah’s Iran who now works as a secretary for Ghorbanifar. Mahdavi has already tried, and failed, to interest several Western intelligence agencies in the stolen uranium tale. He finds Weldon to be far more credulous than the intelligence agencies. According to an intelligence source interviewed in 2006, “Ali provided information that indicated Iranian intelligence had sent a team to Baghdad to extract highly enriched uranium from a stockpile hidden by Saddam Hussein.” Ali tells Weldon that an Iranian intelligence team infiltrated Iraq and stole the uranium for Iran’s nuclear weapons program. According to the story, “the team successfully extracted the stockpile but on the way back to Iran contracted radiation poisoning.” Weldon immediately informs CIA Director George Tenet. Weldon will later write in his book Countdown to Terror: “Tenet appeared interested, even enthusiastic about evaluating Ali and establishing a working relationship with him. He agreed to send his top spy, Stephen Kappes, the deputy director of operations, along with me to Paris for another debriefing of Ali.… On the day of our scheduled second meeting with Ali in Paris, Kappes bowed out, claiming that ‘other commitments’ compelled him to cancel. Later, the CIA claimed to have met with Ali independently. But I discovered this to be untrue.… Incredibly, I learned that the CIA had apparently asked French intelligence to silence Ali.” Weldon is wrong; the CIA’s Paris station chief, Bill Murray, investigates the claims and finds Ghorbanifar (whom either he or the agency mistakenly believes to be “Ali”) to be what the agency calls a “fabricator.” Murray goes so far as to take either Ghorbanifar or Mahdavi to Iraq to have them retrace the route of the Iranian intelligence mission. “Ali” is unable to do so, and Murray learns that the entire story was concocted in hopes of a large payoff: “Soon it became apparent that Ali and his sources were fabricators and were trying to extract large sums of money,” one intelligence source will say. (Murray will later deny going to Iraq with either Ghorbanifar or Mahdavi, but will call “the source” “not credible.… The sensational charges that the source made could not be substantiated.” Weldon, not to be denied, takes his story to Defense Secretary Donald Rumsfeld, who pressures the CIA to investigate further. One former CIA officer later says, “CIA reluctantly, after pressure from Rumsfeld, followed up by detaching one of their weapons experts from the team that was hunting WMD in Iraq.” Again, this effort proves that Ghorbanifar’s story is completely false. In 2006, reporter Larisa Alexandrovna will call Weldon an “innocent bystander taken in by an internationally known con man and the lure of spook-like activities than an inside player with an agenda or material participant in these events. The Ali composite seems to have used Weldon as a conduit by which to provide the CIA with information.” One intelligence official will observe, “If you were going to launder intel to make up a war, you could easily send some fool on an errand.” [Raw Story, 1/11/2006] Weldon will meet again with Mahdavi, and will write about a lurid Iranian terror plot, the “12th Imam” scheme, based on his tales (see June 8, 2005 and Mid-July 2005). He will claim that the CIA has “routinely” ignored “credible” information about these and other plots.
The United Nations launches an investigation into the electronic and physical surveillance of a number of its Security Council delegates by the National Security Agency (see January 31, 2003). The NSA operation, revealed the week before, was apparently leaked to Britain’s Observer by Katharine Gun, who works at Britain’s Government Communications Headquarters (GCHQ) and has been arrested on suspicion of breaking Britain’s Official Secrets Act (see February 2003). The NSA also solicited the assistance of an intelligence agency of an unnamed “friendly foreign government”; it is believed to be Britain. The leak is touted as “more timely and potentially more important than the Pentagon Papers” by celebrated whistleblower Daniel Ellsberg. The leak of the NSA surveillance program has caused deep embarrassment for the Bush administration, which is working to recruit supporters for a second UN resolution authorizing military force against Iraq (see February 24, 2003). The authorization for the NSA operation is believed to have come from National Security Adviser Rice, but US intelligence experts say that such a decision would have had to involve Defense Secretary Donald Rumsfeld, CIA Director George Tenet, and NSA Director Michael Hayden. President Bush, by necessity, would have been informed of the proposed operation at one of his daily intelligence briefings. While such surveillance of foreign diplomats at the UN is legal under the US’s Foreign Intelligence Surveillance Act (FISA), it violates the Vienna Convention on Diplomatic Relations. According to international law expert Dr. John Quigley, the Vienna Convention stipulates: “The receiving state shall permit and protect free communication on the part of the mission for all official purposes…. The official correspondence of the mission shall be inviolable.” [Observer, 3/9/2003]
Entity Tags: United Nations Security Council, United Nations, National Security Agency, Vienna Convention on Diplomatic Relations, Michael Hayden, John Quigley, Condoleezza Rice, Katherine Gun, Donald Rumsfeld, Foreign Intelligence Surveillance Act, George W. Bush, Government Communications Headquarters, George J. Tenet, Daniel Ellsberg
Timeline Tags: Events Leading to Iraq Invasion
Gen. Tommy Franks says during a news conference in Qatar: “There is no doubt that the regime of Saddam Hussein possesses weapons of mass destruction. As this operation continues, those weapons will be identified, found, along with the people who have produced them and who guard them.” [Washington Post, 3/23/2003] The four-star general says he gets information about Iraq’s weapons of mass destruction every day, noting he has “no doubt” that Iraq possesses them. He states some of this information is good intelligence while other is speculation. Franks also says he knows that more than two dozen Iraqi SCUD missile launchers are unaccounted for since the end of the last Gulf War. [American forces Press Services News Article, 3/22/2003]
Victoria Clarke, Assistant Secretary of Defense for Public Affairs, says during a televised briefing at the Pentagon that the administration knows about “a number of sites” where Iraq has weapons of mass destruction. Clarke refuses to provide any estimate of how many sites the US knows of. [Washington Post, 3/23/2003, pp. A27]
Kenneth Adelman. [Source: Public domain]Kenneth Adelman, a former Reagan arms control official who is close to top Bush military officials and serves on a Pentagon advisory panel, says, “I have no doubt we’re going to find big stores of weapons of mass destruction.” Adelman claims these weapons are likeliest to be found near Tikrit and Baghdad, because they’re the most protected places with the best troops. Adelman acknowledges some surprise that they have not been used yet. “One thing we may find is Saddam Hussein ordered them to be used and soldiers didn’t follow the orders. The threat of use goes down every day because adherence to orders goes down.” [Washington Post, 3/23/2003, pp. A27]
Larry Franklin. [Source: Win McNamee / Getty Images]Larry Franklin, a member of Undersecretary of Defense Douglas Feith’s Office of Special Plans, and Harold Rhode, a protege of neoconservative Iran “specialist” Michael Ledeen, meets with Iranian arms merchant and Iran-Contra figure Manucher Ghorbanifar in Paris. This is the third of three meetings (see December 9, 2001 and June 2002) between these figures. While no details of the discussions that took place at this meeting are available, it is likely that, like the other two, the main focus of the meeting is the manipulation of “evidence” showing Iraq has weapons of mass destruction in order to provide “proof” that the US invasion of Iraq was justified. (Franklin will later be convicted of passing classified US intelligence to Israel, and will be sentenced to 12 years in prison—see April 13, 1999-2004 and October 5, 2005). [Vanity Fair, 3/2007] Journalists Joshua Micah Marshall, Laura Rozen, and Paul Glastris later speculate that the meetings have a hidden agenda alongside the Iraq concern: the destabilization of Iran. They write, “[T]he [Defense Department]-Ghorbanifar meetings suggest the possibility that a rogue faction at the Pentagon was trying to work outside normal US foreign policy channels to advance a ‘regime change’ agenda not approved by the president’s foreign policy principals or even the president himself.” [Washington Monthly, 9/2004]
Entity Tags: Paul Glastris, Michael Ledeen, Laura Rozen, Douglas Feith, Manucher Ghorbanifar, Harold Rhode, Larry Franklin, Joshua Micah Marshall, Office of Special Plans
Timeline Tags: US confrontation with Iran, Iran-Contra Affair, Neoconservative Influence
Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).
The Mexican government sends a series of diplomatic letters to British Foreign Minister Jack Straw asking the minister if the Government Communications Headquarters (GCHQ) had spied on UN Security Council member states prior to the US-British invasion of Iraq. [Reuters, 2/14/2004; Observer, 2/15/2004] To date, no response has been received. Nor has the British Foreign Office responded to inquiries from the press.
FISC Presiding Judge Colleen Kollar-Kotelly. [Source: Washington Post]James Baker, counsel for intelligence policy in the Justice Department’s Office of Intelligence Policy and Review (no relation to the former Secretary of State James A. Baker), informs the Foreign Intelligence Surveillance Court (FISC) that the government has, at least twice, improperly used excluded evidence from NSA domestic wiretaps to obtain warrants from FISC. Colleen Kollar-Kotelly, the senior FISC judge, is angered by this as both she and her predecessor, Royce Lambeth, have insisted that no evidence obtained from warrantless wiretaps can be used to obtain warrants for further surveillance from FISC. The Justice Department assured them that the administration would never attempt to secure warrants in such a manner. By using the excluded information, the Justice Department rendered useless the federal screening system put in place to keep such evidence from reaching FISC, which did not want to receive it due to the questionable legality of the domestic surveillance program (see December 15, 2005). Kollar-Kotelly’s complaint about the use of tainted evidence results in a brief suspension of the NSA wiretapping program. But the practice will continue (see 2005). [Washington Post, 2/9/2006]
An unidentified US telecommunications firm refuses to turn over its phone records to the government as part of a joint program by the NSA and the Drug Enforcement Agency to combat Latin American drug-trafficking that has been going on since the 1990s (see 1990s). The firm believes the administrative subpoenas issued for its information by the Justice Department are overly broad, and that it fears the public relations and legal backlashes it might suffer if the public were to learn of its cooperation. [New York Times, 12/16/2007]
Katharine Gun, who leaked an NSA memo to the British press in February 2003 that revealed the existence of an elaborate US plan to “bug” UN delegates (see January 31, 2003), is arrested and charged with violating the Official Secrets Act for giving a copy of the memo to the press. Gun was a translator for British intelligence, who worked at the Government Communications Headquarters (GCHQ) before losing her job over the leak in June. Gun does not dispute leaking the memo, instead calling it “justified.” Any leaks she made exposed “serious illegality and wrongdoing on the part of the US Government,” she says, and were made to prevent “wide-scale death and casualties among ordinary Iraqi people and UK forces.” [BBC, 11/13/2003] Gun has had the support of a wide array of antiwar and civil rights activists, led in the US by actor Sean Penn and activist Jesse Jackson, who signed a statement shortly before her court appearance praising her as a whistleblower. [Observer, 1/18/2004] The British government decides to drop the charges against her. No official explanation for this is forthcoming, though it may have been precipitated by the defense’s intent to argue that Gun leaked to the media in order to save lives from being lost in a war, an argument that would cause political damage to the government. Liberty spokeswoman Shami Chakrabarti says the decision to charge Gun may itself have been politically motivated, perhaps to cow future whistleblowers, and observes, “One wonders whether disclosure in this criminal trial might have been a little too embarrassing.” Sir Menzies Campbell, the Liberal Democrats’ foreign affairs spokesman, says the reason for dropping the charges might be to keep the Attorney General’s legal advice for war with Iraq a secret. Prosecutor Mark Ellison merely tells the court, “There is no longer sufficient evidence for a realistic prospect of conviction. It would not be appropriate to go into the reasons for this decision.” The only thing needed for a successful prosecution under the Official Secrets Act is for the prosecution to show that Gun is covered by the act, which she is, and that she revealed information covered by the Act, which she has admitted. Gun’s lawyer, James Webb, calls the prosecution’s excuse “rather lame.” [BBC, 11/13/2003; Evening Standard, 2/25/2004] Gun says that leaking the NSA memo was “necessary to prevent an illegal war in which thousands of Iraqi civilians and British soldiers would be killed or maimed.… I have only ever followed my conscience.” [ZNet, 12/28/2005] A month before the court proceedings, the New York Times’s Bob Herbert writes in defense of Gun, “We are not talking about a big-time criminal here. We are not talking about someone who would undermine the democratic principles that George W. Bush and Tony Blair babble about so incessantly, and self-righteously, even as they are trampling on them. Ms. Gun is someone who believes deeply in those principles and was willing to take a courageous step in support of her beliefs. She hoped that her actions would help save lives. She thought at the time that if the Security Council did not vote in favor of an invasion, the United States and Britain might not launch the war.” [New York Times, 1/19/2004] And just days before the court proceedings begin, liberal columnist Molly Ivins wrote, “…Gun may be sentenced to prison for doing precisely what we all hope every government employee will try to do: Prevent the government from committing an illegal and immoral act. Some dare call it patriotism.” [AlterNet, 2/18/2004]
Entity Tags: Katherine Gun, Jesse Jackson, Government Communications Headquarters, George W. Bush, Bob Herbert, James Webb, Tony Blair, United Nations, Sean Penn, Molly Ivins, National Security Agency, Walter Menzies Campbell, New York Times, Mark Ellison, Shami Chakrabarti, Liberty
Timeline Tags: Events Leading to Iraq Invasion
The CIA sends one of its best officers to Germany to interrogate the Iraqi defector known as Curveball (see November 1999 and November 4, 2007). Until now, both Curveball and German intelligence officials have resisted allowing the US to interview Curveball for themselves, but evidence that Curveball is not who he says he is has already surfaced (see June 2003-Late 2003). The CIA officer, fluent in German and experienced at questioning reluctant sources, quickly determines that Curveball is a fabricator. Each night, the officer files a report summarizing the day’s interrogation session, and then follows up with a phone call to Tyler Drumheller, the head of CIA spying in Europe. “After the first couple of days, he said, ‘This doesn’t sound good,’” Drumheller later recalls. “After the first week, he said, ‘This guy is lying. He’s lying about a bunch of stuff.’” [Los Angeles Times, 11/20/2005]
Unable to Explain Discrepancy in Statements - One key item was Curveball’s inability to explain the discrepancies between his description of the supposed mobile bioweapons facility at Djerf al Nadaf, in particular why there was a wall blocking what Curveball claimed was a secret entrance to a warehouse where mobile bioweapons trucks entered (see Mid- and Late 2001). Drumheller says in 2007, “[T]he key thing, I think, was the wall. He showed him pictures of the wall.” Curveball retorts, according to Drumheller, “‘You doctored these pictures.’ And [the CIA interrogator] said, ‘No, we didn’t.’” Curveball would have no way of knowing about the wall because it had been built in 1997, two years after he had left Djerf al Nadaf. Drumheller recalls, “… Curveball said, ‘I don’t think I’m gonna say anything else.’” [CBS News, 11/4/2007] Curveball never admits he’s lying. “He never said, ‘You got me,’” according to Drumheller. “He just shrugged, and didn’t say anything. It was all over. We told our guy, ‘You might as well wrap it up and come home.’” [Los Angeles Times, 11/20/2005]
Reporter: Curveball a Liar and Con Artist - In October 2007, reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, calls Curveball “a twitchy, possibly mentally disturbed drunk who was prone to rapid mood-swings and whose story tended to shift according to what he thought investigators wanted to hear.” [Alternet, 10/22/2007]
Former ambassador Joseph Wilson, discussing his two trips to Niger in 1999 (see Fall 1999) and 2002 (see February 21, 2002-March 4, 2002) to investigate whether Iraq was attempting to obtain uranium from that nation, says that in 1999 he never discussed the subject of uranium purchases. Wilson, who met with former Nigerien Prime Minister Ibrahim Mayaki, says: “At that meeting, uranium was not discussed. It would be a tragedy to think that we went to war over a conversation in which uranium was not discussed because the Niger official was sufficiently sophisticated to think that perhaps he might have wanted to discuss uranium at some later date.” He will later tell Senate Intelligence Committee staffers that Mayaki was leery of discussing any trade issues at all because Iraq was under United Nations sanctions. [FactCheck (.org), 7/26/2004]
Rabinder Singh, a senior officer in India’s Research and Intelligence Wing (RAW) defects to the US while under investigation for illegally passing classified documents to the CIA. It is suspected that high level colleagues in the RAW and CIA helped him to escape. [Times of India, 6/9/2004] The Indian government believes that the defection is only the tip of the iceberg of infiltration of its intelligence agencies by the CIA and the Mossad. [Jane's International Security News, 7/1/2004]
David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]
On July 8, 2004, the New Republic predicts a “July surprise” from the Bush-Cheney reelection campaign involving the arrest of a high-value target in Pakistan by the end of the month. The magazine reports that in the spring of 2004, the administration increased pressure on Pakistan to kill or capture Osama bin Laden, his deputy, Ayman al-Zawahiri, or Taliban leader Mullah Mohammed Omar, all believed to be hiding in Pakistan. Bush officials such as CIA Director George Tenet, Secretary of State Colin Powell and his assistant, Christina Rocca, State Department counterterrorism chief Cofer Black, and others all visited Pakistan in recent months to urge Pakistan to increase its efforts in the war on terrorism. The New Republic comments, “This public pressure would be appropriate, even laudable, had it not been accompanied by an unseemly private insistence that the Pakistanis deliver these high-value targets (HVTs) before Americans go to the polls in November.” Bush spokespeople deny that the administration exerted any such pressure. But according to one source in the Pakistani ISI, “The Pakistani government is really desperate and wants to flush out bin Laden and his associates after the latest pressures from the US administration to deliver before the [upcoming] US elections.” Another source in the Pakistani Interior Ministry says, “The Musharraf government has a history of rescuing the Bush administration. They now want Musharraf to bail them out when they are facing hard times in the coming elections.” And another ISI source says that the Pakistanis “have been told at every level that apprehension or killing of HVTs before [the] election is [an] absolute must.” The Pakistanis have even been given a target date, according to the second ISI source: “The last ten days of July deadline has been given repeatedly by visitors to Islamabad and during [ISI director Lieutenant General Ehsan ul-Haq’s] meetings in Washington.” The source says that a White House aide told ul-Haq last spring that “it would be best if the arrest or killing of [any] HVT were announced on twenty-six, twenty-seven, or twenty-eight July”—the first three days of the Democratic National Convention in Boston. One Pakistani general said recently, “If we don’t find these guys by the election, they are going to stick this whole nuclear mess [relating to A. Q. Khan] up our _sshole.” The Bush administration apparently is using a carrot-and-stick approach to make sure such an arrest takes place on schedule. The New Republic observes: “Pushing Musharraf to go after al-Qaeda in the tribal areas may be a good idea despite the risks. But, if that is the case, it was a good idea in 2002 and 2003. Why the switch now? Top Pakistanis think they know: This year, the president’s reelection is at stake.” [New Republic, 7/29/2004] Pakistan will announce the capture of al-Qaeda leader Ahmed Khalfan Ghailani on July 29, just hours before Democratic presidential John Kerry’s acceptance speech at the Democratic National Convention. The authors of the New Republic article will claim vindication for their prediction (see July 25-29, 2004).
Entity Tags: Osama bin Laden, Pervez Musharraf, Colin Powell, Christina Rocca, Cofer Black, Ayman al-Zawahiri, Abdul Qadeer Khan, Ahmed Khalfan Ghailani, Mullah Omar, John Kerry, George J. Tenet, George W. Bush, Ehsan ul-Haq
Timeline Tags: Complete 911 Timeline, 2004 Elections
Muhammad Naeem Noor Khan interrogated. [Source: BBC's "The New Al-Qaeda."]Muhammad Naeem Noor Khan, a young Pakistani, is arrested in Lahore after six weeks of surveillance by Pakistani authorities in conjunction with US intelligence agencies. The US and Pakistanis learned of Noor Khan after arresting another al-Qaeda suspect, Musaad Aruchi, a month before (see June 12, 2004), and they had been tracking him since then. Noor Khan is taken to a high-security prison by Pakistani authorities, who resisted pressure from the CIA to let them completely handle the operation. [Guardian, 8/8/2004] American intelligence agents find what they later call a “treasure trove” of information in Noor Khan’s computers and documents. [CNN, 8/2/2004] Khan is a communications hub of sorts for al-Qaeda. He is in frequent contact with dozens of other al-Qaeda terrorists around the world and passing messages back and forth from more senior al-Qaeda operatives. Former National Security Council official Gideon Rose will later say, “It is obviously a very serious victory. It is obvious that there is a real find here.” [Guardian, 8/8/2004] Khan, who speaks fluent English, is not just a center for expediting clandestine communications between al-Qaeda leaders and their underlings, but also handles and collates documents, reports, maps, and other information, and sometimes performs his own intelligence-gathering, usually on trips to Britain. [MSNBC, 8/8/2004] Khan’s computer contains detailed surveillance information about five US buildings—the Stock Exchange and Citigroup’s headquarters in New York City, the Prudential building in Newark, and the International Monetary Fund and World Bank headquarters in Washington—all possible targets for future al-Qaeda attacks, though the information is all from 2000 and 2001. Other sites in New York City and San Francisco are mentioned, and meticulous information about London’s Heathrow Airport is also found. Pakistani intelligence officials believe that the information indicates a “present” threat, and so inform their US counterparts. Later in the month, the Pakistanis convince Khan to “turn,” or become a double agent. Khan will subsequently send e-mails to dozens of operatives all requesting that they contact him immediately (see July 24-25, 2004). [Guardian, 8/8/2004]
Entity Tags: World Bank, Prudential, New York Stock Exchange, Pakistan Directorate for Inter-Services Intelligence, International Monetary Fund, Muhammad Naeem Noor Khan, Central Intelligence Agency, Citigroup, Gideon Rose, Heathrow Airport, Al-Qaeda, Ahmed Khalfan Ghailani
Timeline Tags: Complete 911 Timeline
Ahmed Khalfan Ghailani. [Source: FBI]Ahmed Khalfan Ghailani, a high-level al-Qaeda operative from Tanzania suspected of participating in the 1998 bombings of US embassies in East Africa, is captured in Gujrat, Pakistan, after a violent standoff with Pakistani police. [CNN, 8/3/2004] Ghailani’s arrest is publicly announced on July 29, four days later. The announcement by Pakistan’s Interior Minister Faisal Hayat is made in an unusual late-night press conference that takes place just hours before John Kerry accepts the Democratic nomination for president. [Salon, 8/17/2004] Pakistani authorities say the announcement of Ghailani’s arrest was delayed four days because of the need to confirm his identity before making the proclamation. [BBC, 7/30/2004] But former Pakistani official Husain Haqqani later claims the announcement was timed to upstage the Kerry speech. [Salon, 8/17/2004; United States Conference on International Religious Freedom, 6/30/2005] An article in the New Republic published earlier in the month reported that the Bush administration was asking Pakistan to make high-profile arrests of al-Qaeda suspects during the Democratic National Convention in order to redirect US media attention from the nomination of John Kerry (see July 8, 2004). [New Republic, 7/29/2004] John Judis, who co-wrote the article predicting such an arrest, says the day after the arrest is announced, “Well, the latest development pretty much confirms what we wrote in the article, which is that there was pressure for Pakistan to produce a high-value target during the last 10 days of July and to announce that arrest.” He also asks why is it “they announced [the arrest] at all? Because when you have somebody who’s been in hiding since 1998, they have an enormous amount of information and contacts. By announcing this guy’s arrest, what you do is you warn off everybody who’s been associated with him from the last five or six years. You tell them that they better get their act together or they are going to be found. So, there’s some, really a lot of questions of why they announced this thing when they did.… It may be in this case that we—that we, and the Pakistanis got somebody and prematurely announced this person’s arrest in order to have an electoral impact.” [Democracy Now!, 7/30/2004]
The Bush administration issues a terror alert in the wake of the Democratic presidential convention, which ended on July 29, 2004. New Code Orange alerts are put into effect for New York City, Newark, and Washington, DC. Homeland Security Director Tom Ridge says, “Now this afternoon, we do have new and unusually specific information about where al-Qaeda would like to attack.… Compared to previous threat reporting, these intelligence reports have provided a level of detail that is very specific. The quality of this intelligence, based on multiple reporting streams in multiple locations, is rarely seen and it is alarming in both the amount and specificity of the information.… As of now, this is what we know: reports indicate that al-Qaeda is targeting several specific buildings, including the International Monetary Fund and World Bank in the District of Columbia; Prudential Financial in Northern New Jersey; and Citigroup buildings and the New York Stock Exchange in New York.” [Department of Homeland Security, 8/1/2004; Washington Post, 8/3/2004] But Ridge fails to mention that the so-called “casing disks” are from 2000 and 2001, nor does he discuss the fact that the decision on whether to issue the alerts had been hotly debated by officials over the weekend. Within 24 hours, the age of the intelligence is leaked, causing a controversy about the merit and urgency of the orange alert. [Suskind, 2006, pp. 325-326] The next day it will be revealed that the warning was based on information from the computer of recently captured al-Qaeda operative Muhammad Naeem Noor Khan (see August 2, 2004). President Bush and his top advisors learned of the arrest and subsequent “turning” of Noor Khan just the day before. They decide to publicize an alert based on data captured with Noor Khan, even though doing so could jeopardize a sting operation launched just days earlier in which Noor Khan is contacting dozens of al-Qaeda operatives around the world (see July 24-25, 2004). [Guardian, 8/8/2004] But even though Khan was arrested just weeks before, one senior law enforcement official who was briefed on the alert says, “There is nothing right now that we’re hearing that is new. Why did we go to this level?… I still don’t know that.” Homeland Security officials admit that that there is no indication that any terrorist action was imminent. “What we’ve uncovered is a collection operation as opposed to the launching of an attack,” says one. However, administration officials insist that even three-year-old intelligence, when coupled with other information about al-Qaeda’s plans to attack the US, justifies the security response in the three cities. President Bush says of the alerts, “It’s serious business. I mean, we wouldn’t be, you know, contacting authorities at the local level unless something was real.” A senior counterterrorism official says, “Most of the information is very dated but you clearly have targets with enough specificity, and that pushed it over the edge. You’ve got the Republican convention coming up, the Olympics, the elections…. I think there was a feeling that we should err on the side of caution even if it’s not clear that anything is new.” [Washington Post, 8/3/2004] Former Democratic presidential candidate Howard Dean says he worries “every time something happens that’s not good for President Bush, he plays this trump card, which is terrorism. It’s just impossible to know how much of this is real and how much of this is politics, and I suspect there’s some of both.” But conservatives defend the alert and Democratic presidential candidate John Kerry swiftly moves to disassociate his campaign from Dean’s remarks. [New York Observer, 8/4/2007] Author William Rivers Pitt points out that Laura Bush and daughters Barbara and Jenna make high-profile visits to the Citigroup Center in New York City on the first day of Ridge’s new orange alert. Noting this was one of the target buildings, Pitt asks, “George W. Bush sent his entire family to the very place that was supposedly about to be blown to smithereens?” Pitt concludes, “Bush and his administration officials are using terrorism—the fear of it, the fight against it—to manipulate domestic American politics. They are, as they have every day for almost three years now, using September 11 against their own people.” [Truthout (.org), 8/4/2004]
Muhammad Naeem Noor Khan. [Source: BBC]The New York Times reveals the identity of al-Qaeda operative Muhammad Naeem Noor Khan. Bush administration officials allegedly revealed his name to the Times in an attempt to defend a controversial US terror alert issued the day before (see August 1, 2004). [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Officials from the Department of Homeland Security apparently gave out the name without revealing that Khan had already been turned and was helping to catch other al-Qaeda operatives. [Daily Times (Lahore), 8/8/2004] A few days later, National Security Adviser Condoleezza Rice confirms that US officials named Khan to the reporters “on background.” [Boston Globe, 8/10/2004] But some days after that, anonymous Pakistani government sources will claim that Khan’s name was initially leaked by Pakistani officials. [Salon, 8/17/2004] Middle East expert Juan Cole suggests both accounts have merit. In the hours after the August 1 terror alert that was based on information secured from Khan’s computer, reporters scramble to determine the source of the alert. One reporter learns of the Khan arrest from a CIA analyst, though the analyst refuses to give out any names. Cole believes that New York Times reporter David Rohde then acquires Khan’s name from his Pakistani sources and confirms it through US sources at the Department of Homeland Security. [Antiwar.com, 8/19/2004] Khan, an al-Qaeda computer expert, was arrested in Pakistan on July 13 and quickly began cooperating with investigators. He started sending e-mails to other operatives around the world and asked them to report back in. As they replied, investigators began tracing their locations. But Khan’s name is revealed before his computer contacts could be fully exploited. Many al-Qaeda members, including some suspected plotters planning strikes on US targets, escape arrest because of the outing. One Pakistani official says, “Let me say that this intelligence leak jeopardized our plan and some al-Qaeda suspects ran away.” [Associated Press, 8/10/2004; Suskind, 2006, pp. 325-326] Intelligence reports also indicate that the exposure of Khan makes al-Qaeda members more cautious in their electronic communications. Many cells abruptly move their hideouts, causing the US losing track of them. [Salon, 8/9/2004; Village Voice, 8/2/2005] Some are critical about the leak of Khan’s name:
Tim Ripley, a security expert who writes for Jane’s Defense publications, says, “The whole thing smacks of either incompetence or worse. You have to ask: what are they doing compromising a deep mole within al-Qaeda, when it’s so difficult to get these guys in there in the first place? It goes against all the rules of counterespionage, counterterrorism, running agents, and so forth. It’s not exactly cloak and dagger undercover work if it’s on the front pages every time there’s a development, is it?”
British Home Secretary David Blunkett is openly contemptuous of the White House’s management of the information. “In the United States there is often high-profile commentary followed, as in the current case, by detailed scrutiny, with the potential risk of ridicule. Is it really the job of a senior cabinet minister in charge of counter-terrorism to feed the media? To increase concern? Of course not. This is arrant nonsense.” [Salon, 8/9/2004]
Other high-level British officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” They complain that they had to act precipitously in arresting low-level al-Qaeda figures connected to Khan instead of using those suspects to ferret out more senior al-Qaeda figures. These officials are “dismayed by the nakedly political use made of recent intelligence breakthroughs both in the US and in Pakistan.” [New York Observer, 8/11/2004]
Senator Charles Schumer (D-NY) writes in a letter to Bush officials, “I respectfully request an explanation [about] who leaked this Mr. Khan’s name, for what reason it was leaked, and whether the British and Pakistani reports that this leak compromised future intelligence activity are accurate.” [Boston Globe, 8/10/2004]
Senator George Allen (R-VA) says, “In this situation, in my view, they should have kept their mouth shut and just said, ‘We have information, trust us’.”
[Inter Press Service, 8/10/2004]
Middle East expert Juan Cole notes that the leak of Khan’s name forced the British to arrest 12 members of an al-Qaeda cell prematurely, allowing others to escape. “[T]his slip is a major screw-up that casts the gravest doubts on the competency of the administration to fight a war on terror. Either the motive was political calculation, or it was sheer stupidity. They don’t deserve to be in power either way.” [Daily Times (Lahore), 8/8/2004]
Salon’s Dale Davis says, “[S]adly, the damage [the Bush administration’s] machinations have caused to the goal of defeating al-Qaeda will be measured in the loss of the young American servicemen and women who carry the burden of their failed policies.” [Salon, 8/13/2004]
Entity Tags: John Loftus, Juan Cole, New York Times, James Ridgeway, Pakistan Directorate for Inter-Services Intelligence, George W. Bush, Dale Davis, Douglas Jehl, George F. Allen, Tim Ripley, Al-Qaeda, David Rohde, David Blunkett, Muhammad Naeem Noor Khan
Timeline Tags: Complete 911 Timeline
Dhiren Barot. [Source: London Metropolitan Police]Dhiren Barot, a Londoner of Indian descent who converted to Islam and fought in Afghanistan and Pakistan, is arrested along with about a dozen other al-Qaeda suspects by British authorities (see August 3, 2004). Barot, who uses a number of pseudonyms, including Abu Eissa al-Hindi, will be charged with several crimes surrounding his plans to launch attacks against British and US targets. Barot’s plans were discovered in a computer owned by al-Qaeda operative Muhammad Naeem Noor Khan, who was arrested in July 2004 and was helping US intelligence until his outing by US and Pakistani officials on August 2, 2004 (see August 2, 2004). Though Barot is not believed to be a high-level al-Qaeda operative, he has connections to some of al-Qaeda’s most notorious leaders, including bin Laden and 9/11 plotter Khalid Shaikh Mohammed (KSM), who, according to the 9/11 Commission, dispatched him to “case” targets in New York City in 2001. Under the alias Issa al-Britani, he is known to have been sent to Malaysia in late 1999 or very early 2000 by KSM to meet with Hambali, the head of the al-Qaeda affiliate Jemaah Islamiyah. According to the commission report, Barot may have given Hambali the names of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. Barot may have traveled to Malaysia with Khallad bin Attash. Bin Attash is believed to be one of the planners behind the October 2000 bombing of the USS Cole (see October 12, 2000). Barot’s trip to Malaysia came just days before the well-documented January 2000 al-Qaeda summit where early plans for the 9/11 bombings were hatched (see January 5-8, 2000), though US officials do not believe that Barot was present at that meeting. British authorities believe that Barot was part of an al-Qaeda plan to launch a mass terror attack using chemical and/or radioactive weapons. Barot and other suspects arrested were, according to Western officials, in contact with al-Qaeda operatives in Pakistan, who themselves were communicating with bin Laden and other top al-Qaeda leaders as recently as July 2004. [MSNBC, 8/20/2004] Barot’s plans seem to have focused more actively on British targets, including London’s subway system. In November 2006, Barot will be convicted of conspiracy to commit murder and other crimes, and eventually sentenced to thirty years in prison by a British court. [BBC, 11/7/2006; BBC, 5/16/2007]
Entity Tags: Khallad bin Attash, USS Cole, Nawaf Alhazmi, Hambali, Dhiren Barot, Al-Qaeda, Osama bin Laden, Khalid Almihdhar, Jemaah Islamiyah, Khalid Shaikh Mohammed, Muhammad Naeem Noor Khan
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Former president Bill Clinton questions the priorities of the Bush administration’s “war on terror,” asking why the administration is issuing groundless terror alerts “[b]ased on four-year-old information” (see August 1, 2004). He asks rhetorically, “Now, who is the threat from? Iraq? Saddam Hussein? No. From bin Laden. And al-Qaeda. How do we know about the threat? Because the Pakistanis found this computer whiz [Muhammad Naeem Noor Khan and got his computer and gave it to us so it could be analyzed (see August 2, 2004). … [W]e basically are dependent on [Pakistan] to find bin Laden…to break in and find the computer people and give it to us because we got all our resources somewhere else in Iraq.” He continues to ask why Bush isn’t focusing on bin Laden: “Why did we put our number one security threat in the hands of the Pakistanis with us playing a supporting role and put all of our military resources into Iraq, which was, I think, at best, our number five security threat[?] After the absence of a peace process in the Middle East, after the conflict between India and Pakistan and all the ties they had to Taliban, after North Korea and their nuclear program. In other words, how did we get to the point where we got 130,000 troops in Iraq and 15,000 in Afghanistan? It’s like saying… Okay, our big problem is bin Laden and al-Qaeda. We now know from the 9/11 Commission, again, that Saddam Hussein had nothing to do with it. Right? We now know that al-Qaeda is an ongoing continuing threat, even though when I was president we took down over 20 of their cells, they still had enough left to do 9/11, and since then, in the Bush years, they’ve taken down over 20 of their cells. But they’re operating with impunity in that mountainous region going back and forth between Pakistan and Afghanistan and we have only 15,000 troops in that country.…[W]e would have a better chance of catching them if we had 150,000 troops there rather than 15,000.” Asked if the US could have captured bin Laden in the days and months after 9/11, he replies, “[W]e will never know if we could have gotten him because we didn’t make it a priority….” [Canadian Broadcast Corporation, 8/6/2004]
Former Pakistani government official Husain Haqqani says that Pakistan, not the US government, may have originally leaked the news to the international press that Muhammad Naeem Noor Khan, an al-Qaeda operative turned informant for the US and Pakistan, was a double agent (see August 2, 2004). The leak of Khan’s identity ruins his capability to provide information about al-Qaeda and allows senior al-Qaeda operatives to escape arrest. Haqqani writes that there are two possible reasons for Pakistan’s decision to leak such damaging information: either Pakistani officials were eager to demonstrate their success in penetrating al-Qaeda, or, more likely, that Pakistan wanted to curb the inroads being made into al-Qaeda in order to keep the terrorist group safe and functional. A second leak, from Pakistani intelligence officials like the first, fingered US officials for the leak. The US government accepted the responsibility for outing Khan because, Haqqani writes, administration officials were complicit in the leak, and because the Bush administration is involved in a twisted, mutually duplicitous relationship with the Musharraf regime of Pakistan: “ostensibly driven by the mutual desire for security, there is clearly a political element to the relationship related to the survival of both the Bush and the Musharraf governments.” [Salon, 8/17/2004] On August 6, 2004, former President Bill Clinton accused the Bush administration of essentially contracting out US security and the hunt for Osama bin Laden to Pakistan in its zeal to wage war in Iraq (see August 6, 2004). One consequence of the decision to subcontract the hunt for members of al-Qaeda to Pakistan is that the terrorists appear to be regrouping and regaining in strength. [Washington Post, 8/14/2004] Haqqani believes that the two have mutual political concerns: while Pakistan cooperates, to a point, in hunting down al-Qaeda members, the government of Pervez Musharraf is more secure. In return, Pakistani officials, known for their reticence, have lately been unusually forthcoming in issuing well-timed reports designed to help Bush’s re-election efforts. For instance, on July 29, just hours before John Kerry’s speech accepting the Democratic nomination for president, Pakistan’s interior minister, Faisal Hayat, held an unusual late-night press conference announcing the arrest of Ahmed Khalfan Ghailani, the man wanted for the 1998 terrorist bombings of the US embassies in Kenya and Tanzania (see July 25-29, 2004). [Salon, 8/17/2004]
The Los Angeles Times reports that US officials claim, “Despite its fervent denials, Israel secretly maintains a large and active intelligence-gathering operation in the United States that has long attempted to recruit US officials as spies and to procure classified documents….” In turn, US agents have long monitored Israeli diplomats and agents in the US. An intelligence official who had recently left government says, “There is a huge, aggressive, ongoing set of Israeli activities directed against the United States.… Anybody who worked in counterintelligence in a professional capacity will tell you the Israelis are among the most aggressive and active countries targeting the United States.… The denials are laughable.” The Times adds, “Current and former officials involved with Israel at the White House, CIA, State Department, and in Congress had similar appraisals, although not all were as harsh in their assessments.” Officials note that Israel is considered a very close ally and is frequently given highly classified information. But it is also noted that US and Israeli intelligence agencies do not completely trust each other. [Los Angeles Times, 9/3/2004]
Senator Bob Graham (D-FL) alleges that the White House has covered up possible Saudi Arabian government connections to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. In an interview to promote his new book entitled Intelligence Matters, he contends that evidence relating to these two hijackers, who lived in San Diego, “present[s] a compelling case that there was Saudi assistance” to the 9/11 plot. [Graham and Nussbaum, 2004; Copley News, 9/7/2004] In the words of author Philip Shenon, Graham is “convinced that a number of sympathetic Saudi officials, possibly within the sprawling Islamic Affairs Ministry, had known that al-Qaeda terrorists were entering the United States beginning in 2000 in preparation for some sort of attack,” and that “Saudi officials had directed spies operating in the United States to assist them.” [Shenon, 2008, pp. 51] Graham also concludes that President Bush directed the FBI “to restrain and obfuscate” investigations into these ties, possibly to protect US-Saudi relations. The San Diego Union-Tribune notes, “Graham co-chaired the exhaustive Congressional inquiry into the Sept. 11 attacks and is privy to still-classified information about the probe.” Graham claims that Omar al-Bayoumi and Osama Basnan are Saudi intelligence agents. He also claims that the FBI deliberately blocked his inquiry’s attempts to interview Abdussattar Shaikh, the FBI informant who was a landlord to the above-mentioned hijackers (see November 18, 2002). The questions the inquiry wanted to ask Shaikh went unanswered because of FBI maneuvering. [Graham and Nussbaum, 2004; Copley News, 9/7/2004]
Several months after the CIA receives an Iranian laptop computer supposedly containing top-secret information about Iran’s nuclear program (see Summer 2004), US officials admit they cannot confirm the reliability of the laptop’s documents (see November 17-18, 2004). [New York Times, 11/20/2004] Under analysis, the documents begin to lose reliability. Nonproliferation expert Jeffrey Lewis of the New America Foundation will later say that he and fellow experts began disparagingly referring to the computer as “the laptop of death.” One of the biggest warning flags, Lewis will say, is the crude manner in which the documents on the laptop were constructed: “What led many of us to have serious doubts about it was how utterly unconnected from reality some of the information seemed. Some of the reports indicated that some of the view graphs were done in Powerpoint, which suggested to me that the program was not terribly sophisticated.” [Inter Press Service, 12/9/2006; New York Times, 12/4/2007]
IAEA Response - Officials with the International Atomic Energy Agency (IAEA) will say that the laptop evidence, like much of the US’s other intelligence on Iran, is unreliable. “Since 2002, pretty much all the intelligence that’s come to us has proved to be wrong,” a senior diplomat at the IAEA will say. Another IAEA official will describe the agency’s intelligence stream as “very cold now” because “so little panned out.” IAEA officials are suspicious of the documents in part because most of the papers are written in English and not in Persian. “We don’t know. Are they genuine, are they real?” a senior UN official will ask. Another official who was briefed on the documents will describe himself as “very unconvinced.” Iran’s representative to the IAEA, Ali Asghar Soltanieh, will call the laptop documents nothing but “fabricated information” and “nonsense.” [Los Angeles Times, 2/25/2007]
A treasure hunter suspected of being a CIA operative is discovered living in the US. In May 2002, US citizen Michael Meiring accidentally blew himself up in a Philippines hotel room, and ended up losing both of his legs. He was mysteriously whisked back to the US amidst media reports suggesting he was a CIA operative posing as a Muslim militant bomber (see May 16, 2002). On June 19, 2002, the chief of the Philippines’ National Bureau of Investigation vowed that Meiring would be brought back to the Philippines to face charges since he appeared to have returned to the US, and the Philippines and the US have an existing extradition treaty. [Minda News, 6/1/2003] On December 2, 2004, a Houston TV station will discover that Meiring is living in Houston, Texas. They examined court documents about him and learned that earlier in 2004 he changed his last name to Van De Meer. The Philippine government confirms that they issued an arrest warrant for Meiring and are still looking for him and an associate of his named Stephen Hughes, who is now said to be living in North Carolina. Counterterrorism expert Ron Hatchett asks, “How is he able to walk around freely within our society using the name that is on the arrest warrant for him?” Meiring is reached by phone in California. His only on the record comment to the reporter who discovered him is, “If this harms me in any way, you will find my power then, and you’ll find out who I am. But I will come for you. You harm me I will not let you off the hook.” [KHOU-TV, 12/2/2004; Filipino Reporter, 12/30/2004] In early 2005, it will be reported that Meiring may not get extradited back to the Philippines because the Philippine government cannot produce a picture of him. [Mindanao Times, 3/23/2005] However, previous media reports claimed that a picture ID of Meiring was found in his hotel room after the explosion there. The ID lists him as an officer in the Moro National Liberation Front (MNLF), a Muslim rebel militant group. [KHOU-TV, 12/2/2004] He appears to have ties to leaders of that group and other Philippine Muslim militant groups since 1992 (see 1992-1993). Since 2004, there have been no reports of Meiring being successfully extradited.
Veterans of the Iran-Contra scandal meet for a “lessons learned” discussion, led by Elliott Abrams. One of the conclusions drawn is that, had they done it right, they could have gotten away with it. For future covert operations, they reportedly agree that they should abide by the following axioms: “One, you can’t trust our friends. Two, the CIA has got to be totally out of it. Three, you can’t trust the uniformed military, and four, it’s got to be run out of the Vice-President’s office.” [New Yorker, 3/5/2007]
Newsweek reports that the Pentagon is considering a new approach to dealing with the insurgency in Iraq, one defense officials call the “Salvador Option.” During the 1980s, the US, primarily through the CIA, funded and supported paramilitary units, often called “death squads” by the citizenry and various human rights organizations which monitored their activities, in El Salvador and other Central American nations. These death squads carried out numerous assassinations and kidnappings, including the murder of four American nuns in 1980. Many US conservatives consider the Salvadoran operation a success, though many innocent Salvadorans died, some under torture, and the operation fomented the US government policies that became known collective as “Iran-Contra.” Now the Pentagon is debating whether the same tactics should be used in Iraq. “What everyone agrees is that we can’t just go on as we are,” says a senior military official. “We have to find a way to take the offensive against the insurgents. Right now, we are playing defense. And we are losing.” Another military source contends that Iraqis who sympathize with the insurgents need to be targeted: “The Sunni population is paying no price for the support it is giving to the terrorists. From their point of view, it is cost-free. We have to change that equation.” One proposal would “send [US] Special Forces teams to advise, support and possibly train Iraqi squads, most likely hand-picked Kurdish Peshmerga fighters and Shiite militiamen, to target Sunni insurgents and their sympathizers, even across the border into Syria.” Among the proposal’s supporters is Iraqi Prime Minister Iyad Allawi and Defense Secretary Donald Rumsfeld. But other Pentagon officials are shy of running any operation that might contravene the Uniform Code of Military Justice, and prefer the CIA to run the proposed operation. And many lawmakers, Pentagon officials, and military experts are wary of expanding the role of US Special Forces operations in such a legally and morally dubious direction. They also worry about the ramifications of using Iraqi Kurds and Shi’ite militia members against Iraqi Sunnis in potential death squads, characterized by investigative reporter Robert Parry as “a prescription for civil war or genocide.” Some speculate that this operation might be one of the reasons John Negroponte was recently named US ambassador to Iraq. Negroponte served as US ambassador to Honduras during the 1980s, and many feel Negroponte was a key figure in the establishment and operations of the Central American death squads. Other Bush officials active in the Central America program include Elliott Abrams, who oversaw Central American policies at the State Department and who is now a Middle East adviser on Bush’s National Security Council staff, and Vice President Dick Cheney, who was a powerful defender of the Central American policies as a member of the House of Representatives. Negroponte denies any involvement in any such program operating in Iraq. [Newsweek, 1/8/2005; Consortium News, 1/11/2005] Christopher Dickey, a Newsweek reporter with personal experience in El Salvador during the time of the death squads, writes that he is “prepared to admit that building friendly democracies sometimes has to be a cold-blooded business in the shadowland of moral grays that is the real world,” but says that the idea of US-formed death squads in Iraq, and the corollary idea of sending US Special Forces teams into Syria and perhaps other Middle Eastern countries is not only potentially a mistake, but one that is little more than “a formalization of what’s already taking place.” Former Defense Intelligence Agency analyst and Middle East specialist Patrick Lang says, “We are, of course, already targeting enemy cadres for elimination whether by capture or death in various places including Afghanistan and Iraq.” So many Special Forces personnel are already involved in such operations, Lang says, that there is an actual shortage of Green Berets to perform their primary task: training regular Iraqi troops. The operation could benefit the US presence in two ways: helping win the hearts and minds of the ordinary citizenry by successfully eliminating insurgents, or just by making the citizenry “more frightened of [the US] than they are of the insurgents.” [Newsweek, 1/11/2005]
Entity Tags: Robert Parry, Patrick Lang, US Department of Defense, Richard (“Dick”) Cheney, Iyad Allawi, Contras, Christopher Dickey, Central Intelligence Agency, John Negroponte, Newsweek, Elliott Abrams, Donald Rumsfeld
Timeline Tags: US Military, Iraq under US Occupation
President Hugo Chavez of Venezuela accuses the US government of planning “new aggressions” against him. The aggressions, Chavez describes, include another attempted coup and an assassination attempt. Chavez warns US president George W. Bush that if an assassination attempt was successful the people of Latin America would assume that democratic rules “no longer apply.” Chavez warns that another consequence of his assassination would be an “interruption of the flow of oil to the US.” Chavez asks that Bush consider these consequences before making a decision about his assassination. [Venezuela Analysis, 2/20/2005]
The FBI and Justice Department quietly open an investigation into whether Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, improperly colluded with the American Israel Public Affairs Committee (AIPAC) to win reappointment as the committee’s ranking member. The investigation is not revealed to the public until October 2006 (see October 20, 2006). The investigation centers on allegations that Harman and AIPAC arranged for wealthy supporters to lobby House Minority Leader Nancy Pelosi (D-CA) on Harman’s behalf. The case is an outgrowth of a probe that has already led to the felony conviction of former DIA official Larry Franklin, who pled guilty to giving classified information to two AIPAC lobbyists (see October 5, 2005), and the lobbyists, Steve Rosen and Keith Weissman, who still face charges of passing that information on to Israel (see April 13, 1999-2004). The investigation has now expanded to determine if Harman’s campaign to persuade Pelosi to reappoint her to the committee may have involved AIPAC, and whether Harman promised to return the favor by using her influence to persuade the Justice Department to ease up on the AIPAC lobbyists. Reporter Timothy Burger will write: “If that happened, it might be construed as an illegal quid pro quo, depending on the context of the situation. But the sources caution that there has been no decision to charge anyone and that it is unclear whether Harman and AIPAC acted on the idea.” Both Harman and Pelosi are outspoken supporters of Israel, and have praised AIPAC for its efforts to further cement ties between Israel and the US. However, Congressional sources will say that Pelosi is furious at attempts by major donors to lobby on behalf of Harman. The LA Weekly reported in May that Harman “had some major contributors call Pelosi to impress upon her the importance of keeping Jane in place. According to these members, this tactic, too, hasn’t endeared Harman to Pelosi.” Another powerful figure has lobbied for Harman: entertainment industry billionaire Haim Saban, who made his fortune through the Mighty Morphin Power Rangers children’s entertainment franchise. It is unclear whether Saban had any contact with AIPAC, and if his efforts to lobby on Harman’s behalf were part of a larger, more orchestrated plan. [Time, 10/20/2006] When the story becomes public in October 2006, Harman will deny any improper or illegal conduct (see October 20, 2006). The investigation will eventually be dropped, supposedly for “lack of evidence.” In April 2009, evidence will surface that the NSA wiretapped Harman discussing a quid pro quo with a suspected Israeli agent, and that the investigation was not dropped because of lack of evidence, but because of the intervention of Attorney General Alberto Gonzales (see October 2005, Late 2005, and April 19, 2009). [Congressional Quarterly, 4/19/2009]
Entity Tags: Nancy Pelosi, Haim Saban, Federal Bureau of Investigation, American Israel Public Affairs Committee, Alberto R. Gonzales, House Intelligence Committee, Jane Harman, Steve Rosen, Timothy Burger, US Department of Justice, Keith Weissman, National Security Agency, Larry Franklin
Timeline Tags: Civil Liberties
Douglas Dickerson. [Source: US Army]The Air Force’s Office of Special Investigation sends word to Sibel Edmonds’ attorney Mark Zaid that it is reopening the investigation into Edmonds’ former co-worker Melek Can Dickerson and her husband, Douglas Dickerson. Edmonds had warned her superiors in early 2002 that the couple was involved in espionage (see December 4, 2001). Journalist David Rose, who recently authored a lengthy piece on the Sibel Edmonds case for Vanity Fair magazine, believes the investigation may have been re-opened in part because of that article and because he submitted about 150 different questions about the case to the Air Force and other parts of the Pentagon, the Justice Department, and the FBI. [Democracy Now!, 8/10/2005]
Defense Department analyst Larry Franklin pleads guilty to passing government secrets to two employees of a pro-Israel lobbying group and to an Israeli government official, a violation of the Espionage Act. He is later sentenced to 12 and a half years in prison. [Washington Post, 10/6/2005; Washington Post, 1/21/2006; Savage, 2007, pp. 173] Franklin, an Iran specialist, gave details of US policy towards Iran to Steven Rosen and Keith Weissman, two members of AIPAC (American Israel Public Affairs Committee) which the Washington Post calls “one of Washington’s most influential lobbying organizations.” He also admits to giving classified information directly to Naor Gilon, chief of political affairs at the Israeli Embassy in Washington. Gilon returned to Israel, but Rosen and Weissman have been charged in what prosecutors claim was a conspiracy to obtain and illegally pass classified US information to foreign officials and news reporters. Franklin reportedly has been cooperating with investigators in return for a relatively lenient sentence. [Washington Post, 10/6/2005; Washington Post, 1/21/2006] It appears that Franklin was caught by accident in 2003 as part of a larger FBI investigation into Israeli spying that began in 2001 (see September 9, 2001). Investigators had been monitoring Gilon and were reportedly “floored” to watch Franklin sit down and eat lunch with him. [United Press International, 12/9/2004]
President Bush signs Executive Order 13388, which dramatically expands the powers of the US government to monitor and collect data on US citizens. [Executive Order 13388 of October 25, 2005, 10/25/2005] The order augments the power of “National Security Letters,” authorized in 1981 by then-President Ronald Reagan (see December 4, 1981), but rarely used against US citizens until the advent of the Bush administration and the USA Patriot Act. Thanks to the order, the data files are even more accessible to what the order calls “state, local, and tribal” governments as well as the undefined “appropriate private sector entities,” presumably private data-mining corporations that collect personal and financial data on US citizens for the government.
Over 30,000 NSLs a Year - The FBI now issues over 30,000 NSLs a year, a hundredfold increase from earlier administration usages. NSLs are issued by FBI field supervisors at their discretion without court warrant or oversight by the judiciary or Congress. NSLs force their recipients—librarians, booksellers, employers, Internet providers, and others—to turn over any and all personal data on their customers and employees and are legally required not to tell the targets of the investigations about the letters or the data collection. An FBI supervisor can, without oversight or reasonable suspicion of terrorist activity, collect data on what a citizen makes, spends, invests, gambles, reads in books and on the Internet, buys online, and with whom that citizen lives, works, associates, telephones, and exchanges e-mails. Senior FBI officials admit that the huge spike in NSLs stems from the FBI’s new authority to collect tremendous amounts of data on US citizens not accused of criminal activities. And NSLs are now used to generate leads against terrorist suspects and not merely pursue them.
NSLs Handled With Discretion, Officials Insist - FBI and White House officials insist that NSLs are handled with discretion and with a recognizance of Americans’ right to privacy. Joseph Billy Jr, the FBI’s deputy director for counterterrorism, says he understand that “merely being in a government or FBI database… gives everybody, you know, neck hair standing up.” But innocent Americans “should take comfort at least knowing that it is done under a great deal of investigative care, oversight, within the parameters of the law.” [Washington Post, 11/6/2005]
New York Times headline from article revealing NSA surveillance. [Source: CBS News]The New York Times reveals that after the 9/11 attacks, President Bush granted the National Security Agency (NSA) secret authorization to eavesdrop on Americans and others inside the US without going through the Foreign Intelligence Surveillance Act (FISA) court to obtain legal warrants (see Early 2002. The administration justifies its actions by claiming such eavesdropping, which includes wiretapping phones and reading e-mails, is necessary to find evidence of terrorist activities, and says the nation needs the program after the 9/11 attacks exposed deficiencies in the US intelligence community’s information gathering process, and because of what they characterize as the “handcuffing” of US intelligence agencies by restrictive laws. The Times has had the article for over a year; the White House prevailed on the Times not to publish its findings for that time, arguing that publication would jeopardize continuing investigations and warn potential terrorists that they were under scrutiny. Many believe that the White House wanted to delay the publication of the article until well after the 2004 presidential elections. The Times delayed publication for over a year, and agreed to suppress some information that administration officials say could be useful to terrorists. (Less than two weeks before the article is published, Bush tries to convince the Times not to print the article at all: see December 6, 2005.) Two days after the Times publishes its article, Bush will acknowledge the order, and accuse the Times of jeopardizing national security (see December 17, 2005). The NSA program eavesdrops without warrants on up to 500 people in the US at any given time, officials say; the overall numbers have likely reached into the thousands. Overseas, up to 7,000 people suspected of terrorist ties are being monitored. Officials point to the discovery of a plot by Ohio trucker and naturalized US citizen and alleged al-Qaeda supporter Iyman Faris to bring down the Brooklyn Bridge with blowtorches as evidence of the program’s efficacy. They also cite the disruption of an al-Qaeda plot to detonate fertilizer bombs outside of British pubs and train stations by the program. But, officials say, most people targeted by the NSA for warrantless wiretapping have never been charged with a crime, and many are targeted because of questionable evidence and groundless suspicion. Many raise an outcry against the program, including members of Congress, civil liberties groups, immigrant rights groups, and others who insist that the program undermines fundamental Constitutional protections of US citizens’ civil liberties and rights to privacy. Several other government programs to spy on Americans have been challenged, including the Federal Bureau of Investigation (FBI)‘s surveillance of US citizens’ library and Internet usage, the monitoring of peaceful antiwar protests, and the proposed use of public and private databases to hunt for terrorist links. In 2004, the Supreme Court overturned the administration’s claim that so-called “enemy detainees” were not entitled to judicial review of their indefinite detentions. Several senior officials say that when the warrantless wiretapping program began, it operated with few controls and almost no oversight outside of the NSA itself. The agency is not required to seek the approval of the Justice Department or anyone else outside the FISA court for its surveillance operations. Some NSA officials wanted nothing to do with a program they felt was patently illegal, according to a former senior Bush administration official. Internal concerns about the program prompted the Bush administration to briefly suspend the program while Justice Department officials audited it and eventually provided some guidelines for its operations. A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the FISA Court, helped spur the suspension, according to officials. Kollar-Kotelly questioned whether information obtained under the program was being improperly used as the basis for FISA wiretap warrant requests from the Justice Department. Some government lawyers say that the Justice Department may have deliberately misled Kollar-Kotelly and the FISA court about the program in order to keep the program under wraps. The judge insisted to Justice Department officials that any material gathered under the program not be used in seeking wiretap warrants from her court. The question also arose in the Faris case, when senior Justice Department officials worried that evidence obtained by warrantless wiretapping by the NSA of Faris could be used in court without having to lie to the court about its origins. [New York Times, 12/15/2005]
Times executive editor Bill Keller. [Source: New York Times]The New York Times’s executive editor, Bill Keller, defends his paper’s decision to reveal the Bush administration’s warrantless wiretapping program, conducted through the NSA (see December 15, 2005), after holding the story for over a year. Keller writes: “We start with the premise that a newspaper’s job is to publish information that is a matter of public interest. Clearly a secret policy reversal that gives an American intelligence agency discretion to monitor communications within the country is a matter of public interest.… A year ago, when this information first became known to Times reporters, the administration argued strongly that writing about this eavesdropping program would give terrorists clues about the vulnerability of their communications and would deprive the government of an effective tool for the protection of the country’s security. Officials also assured senior editors of The Times that a variety of legal checks had been imposed that satisfied everyone involved that the program raised no legal questions. As we have done before in rare instances when faced with a convincing national security argument, we agreed not to publish at that time. We also continued reporting, and in the ensuing months two things happened that changed our thinking. First, we developed a fuller picture of the concerns and misgivings that had been expressed during the life of the program. It is not our place to pass judgment on the legal or civil liberties questions involved in such a program, but it became clear those questions loomed larger within the government than we had previously understood. Second, in the course of subsequent reporting we satisfied ourselves that we could write about this program—withholding a number of technical details—in a way that would not expose any intelligence-gathering methods or capabilities that are not already on the public record. The fact that the government eavesdrops on those suspected of terrorist connections is well-known. The fact that the NSA can legally monitor communications within the United States with a warrant from the Foreign Intelligence Surveillance Court is also public information. What is new is that the NSA has for the past three years had the authority to eavesdrop on Americans and others inside the United States without a warrant. It is that expansion of authority—not the need for a robust anti-terror intelligence operation—that prompted debate within the government, and that is the subject of the article.” [CNN, 12/16/2005]
President Bush acknowledges that he issued a 2002 executive order authorizing the National Security Agency (NSA) to wiretap US citizens’ phones and e-mails without proper warrants, and accuses the New York Times of jeopardizing national security by publishing its December 15 article (see Early 2002 and December 15, 2005). Bush says he was within the law to issue such an order, which many feel shatters fundamental Constitutional guarantees of liberty and privacy, but accuses the Times of breaking the law by publishing the article. Bush tells listeners during his weekly radio address that the executive order is “fully consistent” with his “constitutional responsibilities and authorities.” But, he continues, “Yesterday the existence of this secret program was revealed in media reports, after being improperly provided to news organizations. As a result, our enemies have learned information they should not have, and the unauthorized disclosure of this effort damages our national security and puts our citizens at risk.” He admits allowing the NSA to “to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations” in a program designed to “detect and prevent terrorist attacks.” Under the law, the NSA must obtain warrants from the Foreign Intelligence Surveillance Act (FISA) Court, but after Bush’s executive order, it was no longer required to do so. Bush justifies the order by citing the example of two 9/11 hijackers, Khalid Almihdhar and Nawaf Alhazmi, who, he says, “communicated while they were in the United States to other members of al-Qaeda who were overseas, but we didn’t know they were here until it was too late.” Because of the unconstitutional wiretapping program, it is “more likely that killers like these 9/11 hijackers will be identified and located in time, and the activities conducted under this authorization have helped detect and prevent possible terrorist attacks in the United States and abroad.” Bush also admits to reauthorizing the program “more than thirty times,” and adds, “I intend to do so for as long as our nation faces a continuing threat from al-Qaeda and related groups.” [CNN, 12/16/2005] Bush fails to address the likelihood that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).
After the NSA’s warrantless wiretapping program is revealed (see Early 2002 and December 15, 2005), some commentators criticize the program. Americans have fundamental Constitutional protections that are enforceable in court whether their conversations are domestic or international, says law scholar Geoffrey Stone. Stone says that President Bush’s emphasis that NSA wiretapping only takes place on US calls to overseas phones or overseas e-mails “is no different, as far as the law is concerned, from saying we only do it on Tuesdays.” Former FBI national security law chief Michael Woods, who served in the position when Bush signed the NSA directive, calls the program “very dangerous.” Though Woods says the program was justifiable in the immediate aftermath of 9/11, “[By now] we ought to be past the time of emergency responses. We ought to have more considered views now…. We have time to debate a legal regime and what’s appropriate.” [Washington Post, 12/18/2005] Kate Martin, director of the Center for National Security Studies, says the secret order may amount to Bush authorizing criminal activity in direct violation of FISA. “This is as shocking a revelation as we have ever seen from the Bush administration,” she says. “It is, I believe, the first time a president has authorized government agencies to violate a specific criminal prohibition and eavesdrop on Americans.” The American Civil Liberties Union’s Caroline Frederickson says of the program, “It’s clear that the administration has been very willing to sacrifice civil liberties in its effort to exercise its authority on terrorism, to the extent that it authorizes criminal activity.” [Washington Post, 12/16/2005]
Attorney General Alberto Gonzales and NSA chief Lieutenant General Michael Hayden conduct their own “briefing” on the recently revealed NSA wiretapping program (see December 15, 2005) with the White House press corps. Gonzales and Hayden make the following points:
Gonzales says that he will not discuss the internal workings of the still-classified program, only what he calls its “legal underpinnings.”
He claims that the program, which he calls “the most classified program that exists in the United States government,” is legal because President Bush authorized it, and says that the idea that “the United States is somehow spying on American citizens” is wrong: it is “[v]ery, very important to understand that one party to the communication has to be outside the United States.”
He says that for the NSA to eavesdrop on a US citizen’s telephone or e-mail communications, “we have to have a reasonable basis to conclude that one party to the communication is a member of al-Qaeda, affiliated with al-Qaeda, or a member of an organization affiliated with al-Qaeda, or working in support of al-Qaeda.” The wiretapping program is an essential part of the administration’s war against terror, he says.
He goes on to claim that “the authorization to use force, which was passed by the Congress in the days following September 11th, constitutes” legal grounds for “this kind of signals intelligence.” [White House, 12/19/2005] The White House signed Congress’s Authorization to Use Military Force (AUMF) into law on September 18, 2001 (see September 14-18, 2001. [White House, 9/18/2001]
Hayden Claims Supreme Court Backing - While he admits that the Congressional authorization to use force against international terrorism does not specifically mention any kind of electronic surveillance, he refers the listeners to the Supreme Court case concerning alleged US terrorist Yaser Esam Hamdi (see June 28, 2004), in which the Court ruled that Hamdi had the legal right to challenge his detention. “[T]he United States government took the position that Congress had authorized that detention in the authorization to use force, even though the authorization to use force never mentions the word ‘detention.’ And the Supreme Court, a plurality written by Justice O’Connor agreed. She said, it was clear and unmistakable that the Congress had authorized the detention of an American citizen captured on the battlefield as an enemy combatant for the remainder—the duration of the hostilities. So even though the authorization to use force did not mention the word, ‘detention,’ she felt that detention of enemy soldiers captured on the battlefield was a fundamental incident of waging war, and therefore, had been authorized by Congress when they used the words, ‘authorize the President to use all necessary and appropriate force.’ For the same reason, we believe signals intelligence is even more a fundamental incident of war, and we believe has been authorized by the Congress. And even though signals intelligence is not mentioned in the authorization to use force, we believe that the Court would apply the same reasoning to recognize the authorization by Congress to engage in this kind of electronic surveillance.”
Bush 'Very Concerned' With Protecting Civil Liberties - Gonzales insists, Bush “is very concerned about the protection of civil liberties, and that’s why we’ve got strict parameters, strict guidelines in place out at NSA to ensure that the program is operating in a way that is consistent with the President’s directives.” He adds, “[W]e feel comfortable that this surveillance is consistent with requirements of the Fourth Amendment. The touchstone of the Fourth Amendment is reasonableness, and the Supreme Court has long held that there are exceptions to the warrant requirement in—when special needs outside the law enforcement arena. And we think that that standard has been met here.”
Wiretapping Essential in Catching Terrorists - Hayden reiterates how important the wiretapping is to catching terrorists and stopping potential attacks against US targets, though he and Gonzales both refuse to say what, if any, terrorist plots or what terror suspects might have been captured through the NSA wiretapping program. Hayden does say, “This program has been successful in detecting and preventing attacks inside the United States.…I can say unequivocally, all right, that we have got information through this program that would not otherwise have been available,” though he refuses to cite specifics. He admits that there have been some errors in surveilling innocent US citizens, though he refuses to give any details, and says those errors were quickly corrected.
Administration Not Required to Go Through FISA - Gonzales, who is the main speaker in the briefing, reiterates that while the administration continues to seek warrants from the Foreign Intelligence Surveillance (FISA) court, “we are not legally required to do, in this particular case, because the law requires that we—FISA requires that we get a court order, unless authorized by a statute, and we believe that authorization has occurred.” He justifies the administration’s refusal to use the FISA court for obtaining warrants by insisting that NSA officials “tell me that we don’t have the speed and the agility that we need, in all circumstances, to deal with this new kind of enemy. You have to remember that FISA was passed by the Congress in 1978. There have been tremendous advances in technology… since then.” Hayden adds, “I don’t think anyone could claim that FISA was envisaged as a tool to cover armed enemy combatants in preparation for attacks inside the United States. And that’s what this authorization under the President is designed to help us do.”
'Balancing' of Civil Liberties, National Security - Hayden says the warrantless wiretapping program is part of “a balancing between security and liberty,” a more “aggressive” operation “than would be traditionally available under FISA. It is also less intrusive. It deals only with international calls. It is generally for far shorter periods of time. And it is not designed to collect reams of intelligence, but to detect and warn and prevent about attacks. And, therefore, that’s where we’ve decided to draw that balance between security and liberty.”
Media Leaks Damaging to National Security - Gonzales refuses to talk about when any members of Congress were briefed on the program or what they were told, but he does imply that there will be some sort of leak investigation as to how the New York Times found out about the program: “[T]his is really hurting national security, this has really hurt our country, and we are concerned that a very valuable tool has been compromised. As to whether or not there will be a leak investigation, we’ll just have to wait and see.”
No Evidence of Compromised National Security - When asked whether he can cite any evidence that the revelation of the program’s existence has actually compromised anything—“Don’t you assume that the other side thinks we’re listening to them? I mean, come on,” one reporter says—Gonzales responds, rather confusingly, “I think the existence of this program, the confirmation of the—I mean, the fact that this program exists, in my judgment, has compromised national security, as the President indicated on Saturday.”
Easier to Sidestep FISA Instead of Seek Congressional Approval - He does admit that the administration decided to sidestep the FISA court entirely instead of attempt to work with Congress to rewrite the FISA statutes because “we were advised that that would be difficult, if not impossible” to amend the law to the White House’s satisfaction. Gonzales says those who are concerned about the program being excessively intrusive or a threat to American civil liberties simply “don’t understand the specifics of the program, they don’t understand the strict safeguards within the program.… Part of the reason for this press brief today is to have you help us educate the American people and the American Congress about what we’re doing and the legal basis for what we’re doing.” He adds that any legal experts who believe the program is illegal are basing their judgments “on very limited information.”
Tough Questioning - One reporter asks an unusually tough series of questions to Gonzales: “Do you think the government has the right to break the law?”, to which Gonzales replies, “Absolutely not. I don’t believe anyone is above the law.” The reporter then says, “You have stretched this resolution for war into giving you carte blanche to do anything you want to do,” to which Gonzales replies cryptically, “Well, one might make that same argument in connection with detention of American citizens, which is far more intrusive than listening into a conversation.” The reporter insists, “You’re never supposed to spy on Americans,” and Gonzales deflects the responsibility for the decision back onto the Supreme Court.
Administration Will Tell Nation What It Needs to Know - Gonzales says the administration has no intention of releasing any of the classified legal opinions underpinning the program, and this press briefing is one of the methods by which the administration will “educat[e] the American people…and the Congress” to give them what they need to know about the program. [White House, 12/19/2005]
DARPA logo. [Source: Duke University]The computer and technology experts at Ars Technica, a well-regarded Web publication which describes itself as focusing on “the art of technology,” speculate on the technology behind the NSA warrantless wiretapping program recently revealed to the public (see December 15, 2005). The Ars Technica experts believe that Senator Jay Rockefeller (D-WV)‘s 2003 comparison between the program and the Total Information Awareness (TIA) project (see March 2002) is the most apt. They believe that the NSA wiretapping program may be built upon the foundation of a shadowy, highly classified surveillance program called Echelon. They write, “This system’s purpose would be to monitor communications and detect would-be terrorists and plots before they happen… This project is not interested in funding ‘evolutionary’ changes in technology, e.g., bit-step improvements to current data mining and storage techniques. Rather, the amount of data that the directors are anticipating (petabytes!) would require massive leaps in technology (and perhaps also some massive leaps in surveillance laws).” [Ars Technica, 12/20/2005; Ars Technica, 2007] Data storage measured in petabytes is a colossal capacity; a petabyte is 1,024 terabytes, and a single terabyte is 1,024 gigabytes, the usual measurement for hard drive capacity. [TechTerms, 2007] The Ars Technica experts continue, “According to DARPA, such data collection ‘increases information coverage by an order of magnitude,’ and ultimately ‘requires keeping track of individuals and understanding how they fit into models.’” They go on to note that the NSA wiretapping program was instituted shortly after the TIA project was quashed by Congress, and say they believe the NSA program is an extension and an outgrowth of TIA. They note that “the FBI requested the legal authorization to do very high-volume monitoring of digital calls” in 1995, that there is “no way for the judicial system to approve warrants for the number of calls that the FBI wanted to monitor,” and that the FBI “could never hire enough humans to be able to monitor that many calls simultaneously, which means that they’d have to use voice recognition technology to look for ‘hits’ that they could then follow up on with human wiretaps.” The Ars Technica experts believe the NSA is using “some kind of high-volume, automated voice recognition and pattern matching system,” employing a form of “smart filtering” that would weed through perhaps hundreds of thousands of computer-monitored calls and turning a fraction of those calls over to human analysts for evaluation: “[Y]es, this kind of real-time voice recognition, crude semantic parsing and pattern matching is doable with today’s technology, especially when you have a budget like the NSA.” In a follow-up, Ars Technica technology specialist and self-described conservative and “privacy nazi” Jon Stokes writes of his own concerns over the program, noting that the program is too wide-reaching and too blunt to actually catch many real terrorists, and that the program is a tremendous intrusion into Americans’ fundamental privacy: “The problem is not that such large-scale industrial fishing invariably catches a few dolphins along with the tuna, but that between 99.999 and 100 percent of what you’re going to get is dolphin.” Stokes also warns that such an intrusive surveillance program will not only violate privacy rights, but be quite ineffective: “As the TSA, with its strip-searching of people’s elderly grandparents, abundantly proves every holiday season, blunt instruments and scorched earth tactics are of dubious value in catching genuine bad actors. In fact, blunt instruments and wide nets are the easiest for professional bad guys to evade. All you need to beat such surveillance tools is patience and know-how.…Blunt instruments like airport facial recognition software and random subway bag searches produce much more noise than they do signal, and any engineer or computer scientist worth his or her salt will tell you that an intelligent, targeted, low-tech approach beats a brute-force high-tech approach every time. There is no high-tech substitute for human intelligence gathering. In fact…an overload of crudely processed information is actually more likely to lead an analyst astray than it is to produce any useful insight.…In the end, brute force security techniques are not only corrosive to democratic values but they’re also bad for national security. They waste massive resources that could be spent more effectively elsewhere, and they give governments and countries a false sense of security that a savvy enemy can exploit to devastating effect.…[I]t’s not just enough to have sound intelligence; you also need political leaders who have the wisdom to use that intelligence appropriately.” [Ars Technica, 12/20/2005]
Chart showing NSA surveillance network. [Source: NSA Watch] (click image to enlarge)The National Security Agency has built a far larger database of information collected from warrantless surveillance of telephone and Internet communications to and from US citizens than the NSA or the Bush administration has acknowledged (see October 2001). On December 15, the New York Times exposed the NSA’s program (see December 15, 2005), which was authorized by President Bush in early 2002 (see Early 2002), but which actually began far earlier (see Spring 2001). The NSA built its database with the cooperation of several major American telecommunications firms (see June 26, 2006), and much of the information was mined directly into the US telecommunications system’s major connections. Many law enforcement and judicial officials question the legality of the program (see May 12, 2006 and December 18, 2005), and many say the program goes beyond the bounds of the Foreign Intelligence Surveillance Act (see 1978). One question is whether the FISA Court, or FISC, can authorize monitoring of international communications that pass through US-based telephonic “switches,” which handle much of the US’s electronic communications traffic. “There was a lot of discussion about the switches” in conversations with FISC, says a Justice Department official. “You’re talking about access to such a vast amount of communications, and the question was, How do you minimize something that’s on a switch that’s carrying such large volumes of traffic? The court was very, very concerned about that.” While Bush and his officials have insisted that the warrantless wiretaps only target people with known links to al-Qaeda, they have not acknowledged that NSA technicials have not only eavesdropped on specific conversations between people with no known links to terrorism, but have combed through huge numbers of electronic communications in search of “patterns” that might point to terrorism suspects. Such “pattern analysis” usually requires court warrants before surveillance can begin, but in many cases, no such warrants have been obtained or even requested. Other, similar data-mining operations, such as the Total Information Awareness program, developed by the Defense Department to track terror suspects (see March 2002), and the Department of Homeland Security’s CAPPS program, which screened airline passengers (see (6:20 a.m.-7:48 a.m.) September 11, 2001), were subjected to intense public scrutiny and outrage, and were publicly scrapped. The Bush administration has insisted that it has no intention of scrapping the NSA’s warrantless wiretapping program, because, as its officials have said, it is necessary to identify and track terrorism suspects and foil terrorist plots before they can be hatched. Administration officials say that FISC is not quick enough to respond to its need to respond to potential terrorist acts. A former technology manager at a major telecommunications company says that after 9/11, the leading telecom firms have been storing information on calling patterns and giving it to the federal government to aid in tracking possible terrorists. “All that data is mined with the cooperation of the government and shared with them, and since 9/11, there’s been much more active involvement in that area,” says the former manager. “If they get content, that’s useful to them too, but the real plum is going to be the transaction data and the traffic analysis. Massive amounts of traffic analysis information—who is calling whom, who is in Osama Bin Laden’s circle of family and friends—is used to identify lines of communication that are then given closer scrutiny.” And, according to a government expert on communications privacy who used to work at the NSA, says that in the last few years, the government has quietly encouraged the telecom firms to rout more international traffic through its US-based switches so it can be monitored. Such traffic is not fully addressed by 1970s-era laws that were written before the onset of modern communications technology; neither does FISA adequately address the issues surrounding that technology. Computer engineer Phil Karn, who works for a major West Coast telecom firm, says access to those switches is critical: “If the government is gaining access to the switches like this, what you’re really talking about is the capability of an enormous vacuum operation to sweep up data.” [New York Times, 12/24/2005]
Entity Tags: US Department of Defense, US Department of Justice, Total Information Awareness, New York Times, US Department of Homeland Security, Computer Assisted Passenger Prescreening System, Bush administration (43), Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, George W. Bush, National Security Agency, Phil Karn
Timeline Tags: Civil Liberties
Ahmed Khalil Ibrahim Samir al-Ani, an Iraqi intelligence agent captured by the US after the invasion of Iraq in 2003 (see June 2004), is quietly released. Al-Ani gained notoriety after 9/11 when Bush administration officials claimed he had a meeting with 9/11 hijacker Mohamed Atta in Prague, in the Czech Republic (see April 8, 2001). These allegations were eventually debunked (see September 18, 2001-April 2007). He had been secretly detained by the CIA at an unknown location since his capture. He will make the news again in mid-2007 when Czech officials reveal that he has filed a multimillion-dollar lawsuit against the Czech government, charging that unfounded Czech intelligence reports resulted in his imprisonment by the CIA. [Washington Post, 10/27/2007]
Russell Tice. [Source: ABC News]Former National Security Agency (NSA) official Russell Tice says that many of the wiretapping operations he once helped run were illegal. “I specialized in what’s called special access programs,” Tice tells ABC News. “We called them ‘black world’ programs and operations.” Tice is ready to testify before Congress about what he calls the illegal wrongdoings that are part of the Defense Department and the NSA’s wiretapping programs enacted after the 9/11 attacks. Many of these programs were targeted at innocent US citizens. “The mentality was we need to get these guys, and we’re going to do whatever it takes to get them,” he says. The technology used to track and sort through every domestic and international telephone center is impressive. “If you picked the word ‘jihad’ out of a conversation, the technology exists that you focus in on that conversation, and you pull it out of the system for processing.” Intelligence analysts use the information to develop graphs that resemble spiderwebs linking one suspect’s phone number to hundreds or even thousands more. While the president has admitted giving orders that allowed the NSA to eavesdrop on a small number of Americans without warrants, Tice says says the number of Americans subject to eavesdropping by the NSA could be in the millions if the full range of secret NSA programs is used. “That would mean for most Americans that if they conducted, or you know, placed an overseas communication, more than likely they were sucked into that vacuum.” Tice has been subjected to what appears to be bureaucratic punishment for his willingness to blow the whistle on the nation’s warrantless wiretapping programs; last year the NSA revoked his security clearance based on what it calls "psychological concerns," and later fired him. Tice says that is the way the NSA often deals with employees it considers troublemakers and whistleblowers (see January 25-26, 2006). [ABC News, 1/10/2006; ABC, 1/10/2006]
The Internet news site Raw Story learns that Iranian exile and arms dealer Manucher Ghorbanifar (see December 9, 2001) attempted to peddle a fabricated story of stolen uranium to US and other Western governments in the spring and summer of 2003 (see March 7, 2003 and After). The story comes from US and foreign intelligence sources, and is confirmed by former CIA station chief Bill Murray. Ghorbanifar’s story, of an Iranian intelligence team infiltrating Iraq just before the March 2003 invasion and stealing enriched uranium to use in Iran’s nuclear weapons program, was apparently designed to earn him money as well as to embroil both Iran and Iraq in a spurious WMD plot. It is possible that a June 2003 meeting between Ghorbanifar and two US officials was part of his attempt to peddle the story (see June 2003). Ghorbanifar was extensively involved in the Iran-Contra scandal as a middleman between Iranian government officials and members of the Reagan administration (see July 18, 1985, July 25, 1985, December 8, 1985, and December 1986). [Raw Story, 1/11/2006]
Current and former National Security Agency (NSA) employees say that the agency often retaliates against whistleblowers by labeling them “delusional,” “paranoid,” or “psychotic.” They say such labeling protects powerful superiors who might be incriminated by potentially criminal evidence provided by such whistleblowers, and helps to keep employees in line through fear and intimidation. One NSA whistleblower, former intelligence analyst Russell Tice, is currently the victim of such agency allegations. Tice, along with three other former analysts, Diane Ring, Thomas Reinbold, and another analyst who wishes to remain anonymous, make the allegations of unfounded psychological labeling by the agency; their allegations are corroborated by a current NSA officer who also wishes to remain anonymous. [Cybercast News Service, 1/25/2006]
Identifying a Potential Spy - Tice, a former signals intelligence (SIGINT) officer, is the first NSA whistleblower to capture the media’s attention, when in 2004, the Pentagon investigated possible NSA retaliation against him. In 2001, Tice reported that a co-worker at the Pentagon’s Defense Intelligence Agency (DIA) was possibly engaged in espionage for China, possibly connected to California Republican official and Chinese double agent Katrina Leung. [Democracy Now!, 1/3/2006; Cybercast News Service, 1/25/2006] Tice says, “I saw all the classic signs” in the DIA employee. After transferring to the NSA in November 2002, he reported his concerns again, this time adding criticisms of incompetence for the FBI, who in Tice’s view failed to properly investigate his allegations. Instead, Tice was ordered by NSA Security to undergo psychiatric evaluation. He was labeled “paranoid” and “psychotic” by NSA forensic psychologist Dr. John Michael Schmidt; Tice lost his top-secret security clearance as a result. [Cybercast News Service, 1/25/2006]
Fired - He was fired from the NSA in 2005 after spending his last years at the agency pumping gas and working in an agency warehouse. “I reported my suspicion and got blown off,” he says. “I pushed the issue and that ticked them off, the fact that I questioned their almighty wisdom.” [Cox News Service, 5/5/2005] Tice again made news on January 10, 2006 (see January 10, 2006), when he admitted to being a source for the New York Times’s article about a secret NSA electronic surveillance program against American citizens, a program carried out in the name of combating terrrorism. [ABC News, 1/10/2006]
No Evidence of Mental Instability - As for Tice’s own psychological evaluation by Schmidt, according to three other clinical psychologists, there is “no evidence” of either of the disorders in Tice’s mental makeup. And another NSA psychologist pronounced Tice mentally sound in 2002, though having a “somewhat rigid approach to situations.” Tice is described by five retired NSA and intelligence officials as “congenial,” “enthusiastic,” and “a scholar of high intellectual rigor [with] sound judgment [and] unparalleled professionalism.” Tice says of the NSA’s attempts to smear whistleblowers with apparently baseless psychological allegations, “This nonsense has to stop. It’s like Soviet-era torture. These people are vicious and sadistic. They’re destroying the lives of good people, and defrauding the public of good analysts and linguists.” But it has been effective in cowing others who were, in Tice’s words, “too afraid or ashamed to come forward.” [Cybercast News Service, 1/25/2006]
Further Allegations - Another former analyst, now employed by another federal agency and who only allows himself to be identified as “J,” describes similar targeting by the NSA. J is fluent in an unusually high number of languages, and is described by former colleagues as “brilliant” and possessed of “amazing” critical skills. “I believe the abuse is very widespread,” J says. “The targeted person suddenly is described as ‘not being a team player,’ as ‘disgruntled,’ and then they’re accused of all sorts of bizarre things. Soon they’re sent to the psych people.” J himself was targeted in September 1993 (see September 11, 1993) when he and other analysts concluded that the United States was being targeted by Islamic terrorists, and then again in early 2001 after predicting a terrorist attack using planes as weapons (see May 2001).
NSA Like the 'Gestapo' - A third whistleblower, a current NSA officer who refuses to be identified, confirms the allegations and says that baseless psychiatric allegations as a form of retaliation are “commonplace” at the agency. He says, “A lot of people who work there are going through the same thing. People live in fear here. They run it like some kind of Gestapo.” Those identified as “problems” are “yelled at, badgered and abused.…These are really good people, who start to be labeled crazy, but they’re telling the truth.” The official adds that the NSA often plants false evidence in personnel files as part of the intimidation campaign. Tice says the NSA maintains what he calls a “dirt database” of inconsequential but potentially embarrassing information on employees, gathered during routine clearance investigations and used as a form of leverage. The current officer says that an “underground network” has developed to discuss these issues. “It’s like the Nazis have taken over,” he says. [Cybercast News Service, 1/25/2006]
Personal Vendettas - Diane Ring is another former NSA official targeted by her superiors. Unlike Tice, a self-described conservative who believes President Bush should be impeached over the NSA’s illegal wiretapping program, Ring is a Bush supporter who believes the surveillance program is entirely proper. Ring, a former NSA computer scientist, says she was ordered to undergo psychiatric evaluations after coming into conflict with a colonel at the Pentagon. Ring is not a whistleblower per se like the others, but says she was targeted for retaliation because of a personal vendetta against her. The colonel “blew up” at Ring after she missed a meeting and explained that her branch chief had her working on a classified program that took priority over the meeting. Ring also was evaluated by Dr. Schmidt. When she complained about the apparent retaliation, her security clearance was, like Tice’s, revoked, and she was “red-badged,” or put on restricted access within the NSA offices. Ring says she received an excellent job evaluation just three months prior to the actions taken against her. She says her colleagues at the time were told not to talk to her, and she was restricted to working in a room filled with other red-badgers. She thinks she was isolated as part of an intentional campaign to force her to leave the agency. “They had these red-badgers spread out all over the place.” she recalls. “Some were sent to pump gas in the motor pool and chauffeur people around. In our room, some people brought sleeping bags in and slept all day long. Others read. I would think that would incense the taxpaying public.” Schmidt eventually reported that another doctor diagnosed Ring with a “personality disorder,” but Ring has a July 21, 2005 letter from that doctor, Lawrence Breslau, which reads in part, “On mental status examination including cognitive assessment she performs extremely well.” In the letter, Breslau says he never made such a diagnosis. She, like others in her position, went to the NSA Employee Assistance Service (EAS) for confidential counseling, but the current NSA officer says that though those sessions are supposed to be confidential, NSA officials can and do obtain “confidential” sessions for retaliatory purposes. “Their goal is to freak you out, to get inside your mind,” that officer says. Rice claims that NSA General Counsel Paul Caminos lied about her case before a judge, denying that he had sent an internal e-mail forbidding anyone from supporting Ring. Ring says she was “floored” by Caminos’s actions: “I served in Bosnia. We had mines going off all around us, all day long. That was nothing compared to this.” She is currently working on clearing her name with the NSA’s new director, Lieutenant General Keith Alexander. Ring believes that the problem at NSA involves a small number of people, “The whole lot of them is corrupt though. There is zero integrity in the process. And zero accountability.”
'Psychiatric Abuse' 'Very Widespread' - Like his fellow whistleblowers, former NSA officer Thomas Reinbold says the practice of “psychiatric abuse” inside the NSA is “very widespread.” Reinbold, who recelved 26 commendations and awards during his career at the NSA, including a medal for the intelligence he provided during the 1991 Gulf War, says, “They call it ‘doing a mental’ on someone.” Such practices have a “chilling effect” on other potential whistleblowers: “They fear for their careers because they fear someone will write up bad [psychological] fitness reports on them.” Reinhold was labeled “paranoid” and “delusional” by Schmidt after he complained to an inspector general on February 25, 1994, that the federal government was guilty of contract tampering; Schmidt’s evaluation contradicts a psychological evaluation he conducted on Reinbold eight months before that found he was mentally sound. At the time, Reinbold worked as a contracting officer representative for the Naval Security Group (NAVSECGRU) in Virginia. Reinbold had his high-level security clearance revoked, and was escorted off the grounds by armed security officers. Reinbold says NSA officials fabricated evidence in his personnel file to force him out; that evidence included allegations that he was a danger to himself and others, and that he had said “if [he] was going down, [he] would take everyone with him.” In September 1995, an administrative hearing found that the revocation of Reinbold’s security clearance was unjustified and recommended restoring his clearance, but did not allow the damaging information to be removed from his personnel file. He later sued the agency, and then retired because of diabetes. “I gave 29 years of my life to the intelligence community,” he recalls. “They couldn’t get me out the door fast enough. There are very good people, getting screwed and going through hell.”
Helping Those Who Come After - Some of the whistleblowers hope to gain the assistance of politicians to help their cases. But Tice is less optimistic. “Our time is over,” Tice says he told Ring. “But we can make a difference for those who come behind us.” The five whistleblowers have the support of the whistleblower advocacy group Integrity International. Its founder and director, Dr. Don Soeken, himself a whistleblower while he was with the US Public Health Service in the 1970s, says, “When this retaliation first starts, there’s a tendency by bosses to use code words like ‘delusional,’ ‘paranoid’ and ‘disgruntled’. Then they use psychiatric exams to destroy them. They kill the messenger and hope the PR spin will be bought by the public.” Tom Devine of the Government Accountability Project says that “psychiatric retaliation” is a knee-jerk reaction against whistleblowers: “It’s a classic way to implement the first rule of retaliation: shift the spotlight from the message to the messenger. We call it the ‘Smokescreen Syndrome.’” Superiors investigate and smear the whistleblower for anything from financial irregularities to family problems, sexual practices, bad driving records, or even failure to return library books, Devine says. “It’s a form of abuse of power.” The Whistleblower Protection Act was written to protect those like Tice, Ring, Reinbold, and Soeken, but, says Beth Daly of the Project on Government Oversight (POGO), the act has serious flaws. “You have to go through the inspector general or the director of the CIA to let them know if you’re going to Congress and what you’re going to disclose,” she says. “And inspector generals are notorious for revealing who whistleblowers are.”
Entity Tags: Paul Caminos, Project for Government Oversight, Naval Security Group, Russell Tice, Tom Devine, Thomas Reinbold, National Security Agency, US Public Health Service, Keith Alexander, Lawrence Breslau, Diane Ring, Defense Intelligence Agency, Beth Daly, Don Soeken, House National Security Subcommittee, Government Accountability Project, John Michael Schmidt, Integrity International, “J”
Timeline Tags: Civil Liberties
Electronic Frontier Foundation logo. [Source: Flickr.com]The Electronic Frontier Foundation (EFF), a civil liberties and privacy-advocacy organization, files a lawsuit against telecommunications giant AT&T for allegedly violating the law and the privacy of its citizens by cooperating with the National Security Agency in the NSA’s construction of what the EFF calls a “massive, illegal program to wiretap and data-mine Americans’ communications.” EFF lawyer Kevin Bankston says: “Our goal is to go after the people who are making the government’s illegal surveillance possible. They could not do what they are doing without the help of companies like AT&T. We want to make it clear to AT&T that it is not in their legal or economic interests to violate the law whenever the president asks them to.”
Unprecedented Access to Communications System - EFF alleges that as part of the NSA’s domestic spying program, AT&T has allowed the NSA direct access to the phone and Internet communications passing over its network, and has given the government “unfettered access to its over 300 terabyte ‘Daytona’ database of caller information—one of the largest databases in the world.” One of AT&T’s databases, nicknamed “Hawkeye,” contains 312 terabytes of data detailing nearly every telephone communication on AT&T’s domestic network since 2001, the lawsuit alleges. The suit goes on to claim that AT&T allowed the NSA to use the company’s powerful Daytona database management software to quickly search this and other communication databases. AT&T, the suit claims, is in violation of the First and Fourth Amendments, federal wiretapping statutes, telecommunications laws, and the Electronic Communications Privacy Act. The suit requests fines up to $22,000 for each AT&T customer, and punitive fines—damages that could potentially reach into the billions of dollars. The EFF lawsuit is one of over 30 lawsuits filed for similar reasons (see June 26, 2006). The lawsuit will survive a number of initial legal challenges by the Justice Department and AT&T, including AT&T’s contention that “whatever we did, the government told us to do” and therefore it should be immune from such lawsuits, and the Justice Department’s invocation of “national security” and the possibility of the revelation of “state secrets” (see March 9, 1953). EFF retorts, “In this country we follow the law, we don’t just follow orders.” Bankston tells a reporter, “If state secrecy can prevent us from preserving the rights of millions upon millions of people, then there is a profound problem with the law.”
Suit Alleges Criminal Actions, Does Not Challenge Government's Right to Wiretap - The lawsuit does not challenge the government’s right to electronically monitor legitimate terrorism suspects, nor does it challenge the judicial right to issue warrants for such surveillance. Rather, EFF writes: “Wiretaps on terrorists are allowed under the law, and this lawsuit is not challenging the wiretap laws. We have sued AT&T for breaking those laws—the telecommunications giant gave the government access to its communications switches and its huge databases of information on millions of ordinary Americans. These are AT&T customers who have not even been accused of affiliations with terrorists. Americans can be both safe and free: if the government truly believes it has cause to wiretap a suspect, it can order AT&T to provide information under FISA [the Foreign Intelligence Surveillance Act]—for up to 72 hours before going to the court. But AT&T has no business providing direct access to the communications of millions of ordinary Americans, without the checks and balances of Congress or the courts.” [Electronic Frontier Foundation, 1/31/2006; Wired News, 1/31/2006]
Seven telecommunications executives confirm to the press that large telecommunications companies such as AT&T, MCI, and Sprint have cooperated with the National Security Agency’s domestic warrantless wiretapping program. Those firms, along with BellSouth, previously denied they had cooperated with the NSA (see October 2001). In typical domestic investigations, telecom companies require court warrants before mounting any surveillance operations, but this has not been the case with the NSA program. Apparently, the companies decided to assist the NSA in tracking international telephone and Internet communications to and from US citizens and routed through “switches” which handle millions of communications, both domestic and international, every day. The telecom firms in question have undergone several mergers and reorganizations—BellSouth, another firm accused of cooperating with the NSA, is now part of AT&T, MCI (formerly WorldCom) was recently acquired by Verizon, and Sprint has merged with Nextel. The companies comply with the NSA requests for information once the NSA determines that there is a “reasonable basis” for believing that the communications may have a connection with militant Islamic organizations such as al-Qaeda. The firms do not require court warrants, but rather implement the monitoring on nothing more than oral requests from senior NSA officials. [USA Today, 2/5/2006]
The online news site Raw Story publishes an article claiming that the exposure of covert CIA agent Valerie Plame Wilson (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003) caused more damage to US national security than has previously been admitted, particularly in the area of containing foreign nuclear proliferation. Editor and reporter Larisa Alexandrovna sources the story from a number of anonymous current and former intelligence officials. Plame Wilson, the officials say, was an integral part of an operation tracking distribution and acquisition of weapons of mass destruction technology to and from Iran. Alexandrovna writes, “Their [the officials’] accounts suggest that Plame [Wilson]‘s outing was more serious than has previously been reported and carries grave implications for US national security and its ability to monitor Iran’s burgeoning nuclear program.” The officials say that while previous reports indicate Plame Wilson may have been involved in monitoring nuclear “black market” activities, particularly those involving Abdul Qadeer Khan (see Late February 1999), her real focus was Iran, though her team would have come into contact with Khan’s black market network during the course of its work on Iran’s nuclear program. Khan’s network is believed to have been the primary source of Iran’s nuclear weapons efforts. The officials refuse to identify the specifics of Plame Wilson’s work, but do say that her exposure resulted in “severe” damage to her team and significantly hampered the CIA’s ability to monitor nuclear proliferation. [Raw Story, 2/13/2006] The officials also say that the CIA conducted an “aggressive” in-house assessment of the damage caused by Plame Wilson’s exposure shortly after the White House leaked her identity to the press, and found the damage done by the leak “severe” (see Before September 16, 2003).
Former National Security Agency (NSA) intelligence analyst and current whistleblower Russell Tice tells the House Government Reform Subcommittee on National Security, Emerging Threats, and International Relations that he worries about what he calls a “special access” electronic surveillance program that is far more wide-ranging than the warrantless wiretapping recently exposed by the New York Times. However, Tice says he is forbidden by law to reveal specifics of the program to Congress. Tice says he believes the program violates the Constitution’s protection against unlawful search and seizures, but for him to discuss it with anyone in Congress or even with the NSA’s inspector general would violate classification laws. A spokesman for Congressman Dennis Kucinich (D-OH) says both Kucinich and committee chairman Christopher Shays (R-CT) believe that a few members of the Armed Services Committee have high enough security clearances for Tice’s information: “Congressman Kucinich wants Congressman Shays to hold a hearing [on the program]. Obviously it would have to take place in some kind of a closed hearing. But Congress has a role to play in oversight. The [Bush] administration does not get to decide what Congress can and can not hear.” In January 2006, it emerged Tice was one of the sources for the New York Times’s revelation that the NSA is engaged in possibly illegal wiretapping of American civilians as part of the war on terror (see January 10, 2006). Tice was fired from the NSA in 2005 and labeled “paranoid,” a classification Tice says was pasted on him in retaliation for his whistleblowing both inside the agency and to the public (see January 25-26, 2006). [United Press International, 2/14/2006] Author James Bamford, an expert on US intelligence, says, “The congressional intelligence committees have lost total control over the intelligence communities. You can’t get any oversight or checks and balances; the Congress is protecting the White House and the White House can do whatever it wants.” [In These Times, 5/15/2006]
The Al Haramain Islamic Foundation, a now-defunct Saudi Arabian charitable organization that once operated in Oregon, sues the Bush administration [Associated Press, 2/28/2006] over what it calls illegal surveillance of its telephone and e-mail communications by the National Security Agency, the so-called Terrorist Surveillance Program. The lawsuit may provide the first direct evidence of US residents and citizens being spied upon by the Bush administration’s secret eavesdropping program, according to the lawsuit (see December 15, 2005). According to a source familiar with the case, the NSA monitored telephone conversations between Al Haramain’s director, then in Saudi Arabia, and two US citizens working as lawyers for the organization and operating out of Washington, DC. The lawsuit alleges that the NSA violated the Foreign Intelligence Surveillance Act (see 1978), the US citizens’ Fourth Amendment rights, and the attorney-client privilege. FISA experts say that while they are unfamiliar with the specifics of this lawsuit, they question whether a FISA judge would have allowed surveillance of conversations between US lawyers and their client under the circumstances described in the lawsuit. Other lawsuits have been filed against the Bush administration over suspicions of illegal government wiretapping, but this is the first lawsuit to present classified government documents as evidence to support its contentions. The lawsuit alleges that the NSA illegally intercepted communications between Al Haramain officer Suliman al-Buthe in Saudi Arabia, and its lawyers Wendell Belew and Asim Ghafoor in Washington. One of its most effective pieces of evidence is a document accidentally turned over to the group by the Treasury Department, dated May 24, 2004, that shows the NSA did indeed monitor conversations between Al Haramain officials and lawyers. When Al Haramain officials received the document in late May, 2004, they gave a copy to the Washington Post, whose editors and lawyers decided, under threat of government prosecution, to return the document to the government rather than report on it (see Late May, 2004). [Washington Post, 3/2/2006; Washington Post, 3/3/2006] Lawyer Thomas Nelson, who represents Al Haramain and Belew, later recalls he didn’t realize what the organization had until he read the New York Times’s December 2005 story of the NSA’s secret wiretapping program (see December 15, 2005). “I got up in the morning and read the story, and I thought, ‘My god, we had a log of a wiretap and it may or may not have been the NSA and on further reflection it was NSA,’” Nelson will recall. “So we decided to file a lawsuit.” Nelson and other lawyers were able to retrieve one of the remaining copies of the document, most likely from Saudi Arabia, and turned it over to the court as part of their lawsuit. [Wired News, 3/5/2007]
Al Haramain Designated a Terrorist Organization - In February 2004, the Treasury Department froze the organization’s US financial assets pending an investigation, and in September 2004, designated it a terrorist organization, citing ties to al-Qaeda and alleging financial ties between Al Haramain and the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). The organization was disbanded by the Saudi Arabian government in June 2004 and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad (see March 2002-September 2004). In February 2005, the organization was indicted for conspiring to funnel money to Islamist fighters in Chechnya. The charges were later dropped. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations has banned the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]
Challenging Designation - In its lawsuit, Al Haramain is also demanding that its designation as a terrorist organization be reversed. It says it can prove that its financial support for Chechen Muslims was entirely humanitarian, with no connections to terrorism or violence, and that the Treasury Department has never provided any evidence for its claims that Al Haramain is linked to al-Qaeda or has funded terrorist activities. [Associated Press, 8/6/2007] The lawsuit also asks for $1 million in damages, and the unfreezing of Al Haramain’s US assets. [Associated Press, 8/5/2007]
Administration Seeks to Have Lawsuit Dismissed - The Bush administration will seek to have the lawsuit thrown out on grounds of national security and executive privilege (see Late 2006-July 2007, Mid-2007).
Entity Tags: Wendell Belew, Suliman al-Buthe, Taliban, Washington Post, United Nations, Saudi National Commission for Relief and Charity Work Abroad, US Department of the Treasury, National Security Agency, Thomas Nelson, Foreign Intelligence Surveillance Act, Al Haramain Islamic Foundation, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Foreign Intelligence Surveillance Court, Asim Ghafoor, Bush administration (43)
Timeline Tags: Civil Liberties
President Bush personally intervenes in a Justice Department attempt to investigate the NSA’s domestic surveillance program (see May 9, 2006), refusing to grant the Justice Department’s investigators routine security clearances so they can proceed with the investigation. Bush’s intervention is later admitted by Attorney General Alberto Gonzales in testimony before the Senate Judiciary Committee on July 18, 2006. Bush’s action to block the granting of clearances to the Justice Department’s Office of Professional Responsibility (OPR) is unprecedented, and astonishes many legal experts. As a result of his decision, the OPR has no choice but to drop the investigation (see May 9, 2006). The OPR investigation would not have determined whether the surveillance program was illegal or unconstitutional; rather, the office would have investigated “allegations of misconduct involving department attorneys that relate to the exercise of their authority to investigate, litigate, or provide legal advice,” according to the office’s policies and procedures. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006; National Journal, 3/15/2007]
Stopping Gonzales from Being Investigated - The press later learns that had the probe gone forward, Gonzales himself would have been a prime target of inquiry. It is unclear if Bush knows the OPR investigation would have focused on Gonzales. The probe would have focused on Gonzales’s role in authorizing the eavesdropping program while he was White House counsel, as well as his subsequent oversight of the program as attorney general. Before Bush shuts down the probe, OPR investigators were preparing to question two crucial witnesses—Jack Goldsmith, the former chief of the Justice Department’s Office of Legal Counsel, and James A. Baker, the counsel for the department’s Office of Intelligence Policy and Review. Both Goldsmith and Baker had raised questions about the propriety and legality of numerous aspects of the wiretapping program. The OPR would have also examined documents detailing Gonzales’s participation in the program. [National Journal, 3/15/2007]
OPR Chief Counsel Protests Decision - Upon Gonzales’s admission of Bush’s action, OPR chief counsel H. Marshall Jarrett responds: “Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving executive branch programs and has obtained access to information classified at the highest levels. In all those years, OPR has never been prevented from initiating or pursuing an investigation.” Jarrett notes in other memos that clearances had previously been granted to lawyers and agents from the Justice Department and the FBI who were assigned to investigate the original leak of the NSA program’s existence to the media. He also writes that numerous other investigators and officials, including members of Congress and the members of a federal civil liberties board, had been granted access to or been briefed on the program. On March 21, he will write to Gonzales’s deputy, “In contrast, our repeated requests for access to classified information about the NSA program have not been granted.” Gonzales will defend the president’s decicion by saying, in a letter to Judiciary Committee Chairman Arlen Specter (R-PA), that Bush “decided that protecting the secrecy and security of the program requires that a strict limit be placed on the number of persons granted access to information about the program for non-operational reasons. Every additional security clearance that is granted for the [program] increases the risk that national security might be compromised.” In other words, granting the OPR investigators routine security clearances, as has been done countless times in the last three decades as well as in the instances noted by Jarrett, would have jeopardized national security, according to Gonzales’s reasoning. [Associated Press, 5/11/2006; USA Today, 7/18/2006; Washington Post, 7/19/2006] “It is very difficult to understand why OPR was not given clearance so they could conduct their investigation,” Specter will say. “Many other lawyers in the Department of Justice had clearance.” [Boston Globe, 7/19/2006]
OPR Investigators Seeking Information Already in Justice Department's Possession - The questions surrounding the refusal to grant security clearances deepen when it is learned that the OPR investigators were only seeking information and documents relating to the NSA’s surveillance program that were already in the Justice Department’s possession, according to two senior government officials. The only classified information that OPR investigators were seeking was what had already been given to former Attorney General John Ashcroft, Gonzales, and other department attorneys in their original approval and advice on the program, the two senior government officials say. OPR’s request was limited to documents such as internal Justice Department communications and legal opinions, and didn’t extend to secrets that are the sole domain of other agencies. [National Journal, 5/29/2006]
OPR No; Private Citizens Yes - Jarrett will also note in his March 21 letter that, while Bush refused security clearances to OPR investigators, five “private individuals” who serve on Bush’s “Privacy and Civil Liberties Oversight Board have been briefed on the NSA program and have been granted authorization to receive the clearances in question.” Private citizens, especially those who serve only part-time on governmental panels, have traditionally been considered higher security risks than full-time government employees, who can lose their jobs or even be prosecuted for leaking to the press. Jarrett says that in contrast to the private individuals on Bush’s advisory board, OPR’s “repeated requests for access to classified information about the NSA have not been granted. As a result, this office, which is charged with monitoring the integrity of the department’s attorneys and with ensuring that the highest standards of professional ethics are maintained, has been precluded from performing its duties.” Michael Shaheen, who headed the OPR from its inception until 1997, will say that his staff “never, ever was denied a clearance” and that OPR under his leadership had conducted numerous investigations involving the activities of various attorneys general. “No attorney general has ever said no to me,” Shaheen says. [National Journal, 7/18/2006]
Inquiry Opened - The Justice Department’s inspector general, Glenn Fine, will open a preliminary inquiry into how the FBI has used the NSA’s surveillance data, which has often been obtained without judicial warrants and is considered by many legal experts to be illegal. Representative Maurice Hinchey (D-NY), who led the Congressional calls for an investigation of the NSA, says Bush’s decision is an example of “an administration that thinks it doesn’t have to follow the law.” [Washington Post, 7/19/2006] “We can’t have a president acting in a dictatorial fashion,” he says. [USA Today, 7/18/2006]
'Abusing' Their Offices? - Bruce Fein, a Republican constitutional lawyer who served in Ronald Reagan’s Justice Department, compares Gonzales unfavorably to Elliot Richardson, who resigned in 1973 rather than obey then-President Nixon’s order to fire Watergate special prosecutor Archibald Cox. “If he was like Elliot Richardson, he’d say, ‘Mr. President, I quit,’” Fein observes. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] In 2007, law professor and legal ethics expert Charles Wolfram will say that if Gonzales did not inform the president that he might be a target of the OPR investigation, then he ill-served Bush and abused “the discretion of his office” for his own benefit. However, Wolfram will continue, if Gonzales did inform Bush that the probe might harm Gonzales, then “both [men] are abusing the discretion of their offices.” [National Journal, 3/15/2007]
Defending Bush's Decision - Bush officials dismiss the attempted investigation, and the criticisms by Fein, Hinchey, and others, as politically motivated. White House press secretary Tony Snow says the NSA wiretapping program is adequately supervised by internal oversight procedures, including periodic reviews by Gonzales. [Think Progress, 7/18/2006; Washington Post, 7/19/2006] “The Office of Professional Responsibility was not the proper venue for conducting that,” Snow says. He adds that Bush’s denial of the security clearances is warranted because “in the case of a highly classified program, you need to keep the number of people to it tight for reasons of national security, and that was what he did.” [National Journal, 3/15/2007]
Entity Tags: Maurice Hinchey, John Ashcroft, James Baker, Michael Shaheen, US Department of Justice, Office of Professional Responsibility, National Security Agency, Ronald Reagan, Jack Goldsmith, H. Marshall Jarrett, Elliot Richardson, George W. Bush, Alberto R. Gonzales, Archibald Cox, Glenn Fine, Arlen Specter, Charles Wolfram, Bruce Fein, Federal Bureau of Investigation, Senate Judiciary Committee, Tony Snow
Timeline Tags: Civil Liberties
Maurice Hinchey. [Source: Washington Post]A Justice Department investigation into the National Security Agency’s warrantless wiretapping program ends before it begins, because the NSA will not grant Justice Department lawyers routine security clearances. The investigation had been opened in February 2006 (see February 2, 2006) when Representative Maurice Hinchey (D-NY) asked the Justice Department’s Office of Professional Responsibility (OPR) to investigate the NSA’s warrantless surveillance of US citizens (see After September 11, 2001). Without security clearances, investigators could not examine NSA lawyers’ role in the program. OPR counsel H. Marshall Jarrett writes in a letter to Hinchey: “We have been unable to make any meaningful progress in our investigation because OPR has been denied security clearances for access to information about the NSA program. Without these clearances, we cannot investigate this matter and therefore have closed our investigation.” Jarrett and his office have made routine requests for security clearances since January, to no avail. The OPR’s investigation would have focused strictly on whether Justice Department lawyers violated ethical rules, and would not have examined the entire NSA program. Hinchey says, “This administration thinks they can just violate any law they want, and they’ve created a culture of fear to try to get away with that.” [Associated Press, 5/11/2006] Hinchey writes to Jarrett, regarding the failure to grant clearances: “We are perplexed and cannot make sense of your denial of these security clearances. Our request did not ask OPR to give us the intricate details of the NSA program; we understand that such a request would not even be within OPR’s jurisdiction. There appear to be no reasonable grounds for blocking this investigation. Not only does your denial of their request for a security clearance not make sense, it is unprecedented.” Hinchey will try, and fail, to get a bill through the Republican-controlled House Judiciary Committee to force the White House, Justice Department, and Defense Department to turn over to Congress all documents related to the closure of the OPR probe. He will write in a letter to President Bush, “If the NSA program is justified and legal, as you yourself have indicated, then there is no reason to prevent this investigation from continuing.” [US House of Representatives, 7/18/2006] In June 2006, it will be revealed that Bush personally made the decision not to grant the OPR investigators security clearances (see Late April 2006).
Bobby Ray Inman. [Source: DefenseTech.org]Former NSA director Bobby Ray Inman says that the secret NSA program to wiretap US citizens’ phone and e-mail conversations without court warrants (see After September 11, 2001) “is not authorized.” President Bush authorized the secret wiretapping over four years ago (see Early 2002), a program only revealed at the end of 2005 (see December 15, 2005). Since the program was revealed, it has created tremendous controversy over its possible illegality and its encroachment on fundamental American civil liberties. Bush and other White House officials have repeatedly asserted that the program is legal, mainly because Bush and his officials assert that the president has the authority to implement such a program (see December 15, 2005); Bush also insists, as recently as the day before Inman’s statement, that the program is only being used to spy on terrorists and the privacy of US citizens is being “fiercely protected,” a statement that does not jibe with the facts. [Democracy Now!, 5/12/2006]
The lawsuit brought forth by Khalid el-Masri and the ACLU (see December 6, 2005) is dismissed by US District Judge T.S. Ellis III in Alexandria, who rules that the state secrets privilege (see March 9, 1953) was properly invoked by the US Justice Department. The judge argues that Masri’s “private interests must give way to the national interest in preserving state secrets.” [Washington Post, 5/19/2006]
Vinton Cerf. [Source: Ipswitch.com]The Information Technology Association of America, an information technology (IT) trade association, presents a paper authored by Internet founder Vinton Cerf and others which notes that the new capabilities of electronic surveillance of Internet, cellular communications, and voice-over internet protocols (VoIP) by US government and law enforcement officials under CALEA (see January 1, 1995) is inherently dangerous for fundamental civil liberties as well as technological innovation. (CALEA mandates that US telecommunications providers such as AT&T give US law enforcement agencies and intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks.) Cerf and his colleagues write, “In order to extend authorized interception much beyond the easy scenario, it is necessary either to eliminate the flexibility that Internet communications allow, or else introduce serious security risks to domestic VoIP implementations. The former would have significant negative effects on US ability to innovate, while the latter is simply dangerous. The current FBI and FCC direction on CALEA applied to VoIP carries great risks.” In order to implement the mandates of CALEA, the authors write, the nation’s electronic communications systems will become inherently less secure from hackers and others seeking to eavesdrop or disrupt communications, innocent citizens will not be secure from possibly illegal surveillance by law enforcement or intelligence agencies, and the nation’s communications systems will face near-insurmountable technological hurdles that will make it difficult for US telecommunications and Internet providers to continue to innovate and improve services. They conclude, “The real cost of a poorly conceived ‘packet CALEA’ requirement would be the destruction of American leadership in the world of telecommunications and the services built on them. This would cause enormous and very serious national-security implications. Blindly applying CALEA to VoIP and realtime Internet communications is simply not worth this risk.” [Information Technology Association of America, 7/13/2006 ]
Lawyers file court documents alleging that the National Security Agency (NSA) worked with AT&T to set up a domestic wiretapping site seven months before the 9/11 attacks. The papers are filed as part of a lawsuit, McMurray v. Verizon Communications, which cites as plaintiffs AT&T, Verizon, and BellSouth customers whose privacy was allegedly violated by the NSA warrantless wiretapping program (see May 12, 2006); it also alleges that the firms, along with the NSA and President Bush, violated the Telecommunications Act of 1934 and the US Constitution. AT&T, Verizon, and BellSouth have been accused of working with the NSA to set up domestic call monitoring sites (see October 2001). Evidence that the NSA set up domestic surveillance operations at least seven months before the 9/11 attacks is at the core of the lawsuit (see Spring 2001). The suit is similar to one filed against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006) and other such lawsuits. A lawyer for the plaintiffs in McMurray, Carl Mayer, says: “The Bush administration asserted this [the warrantless wiretapping program] became necessary after 9/11. This undermines that assertion.” AT&T spokesman Dave Pacholczyk responds, “The US Department of Justice has stated that AT&T may neither confirm nor deny AT&T’s participation in the alleged NSA program because doing so would cause ‘exceptionally grave harm to national security’ and would violate both civil and criminal statutes.” Verizon has denied being asked by the NSA for its customer phone records, and has refused to confirm or deny “whether it has any relationship to the classified NSA program.” BellSouth spokesman Jeff Battcher says: “We never turned over any records to the NSA. We’ve been clear all along that they’ve never contacted us. Nobody in our company has ever had any contact with the NSA.” The NSA domestic wiretapping program is known as “Pioneer Groundbreaker,” a part of the larger “Project Groundbreaker” (see February 2001). According to Mayer and his fellow lawyer Bruce Afran, an unnamed former employee of AT&T provided them with information about NSA’s approach to AT&T. (That former employee will later be revealed as retired technician Mark Klein—see Late 2002, July 7, 2009, December 15-31, 2005, and April 6, 2006). The lawsuit is on a temporary hiatus while a judicial panel rules on a government request to assign all of the telecommunications lawsuits to a single judge. [Bloomberg, 6/30/2006]
Entity Tags: Verizon Wireless, US Department of Justice, National Security Agency, George W. Bush, Jeff Battcher, Bruce Afran, BellSouth, AT&T, Mark Klein, Carl Mayer, Electronic Frontier Foundation, Dave Pacholczyk
Timeline Tags: Civil Liberties
After an investigation into whether an Israeli lobbying organization improperly tried to influence House Minority Leader Nancy Pelosi (D-CA) into naming Jane Harman (D-CA) as the chairman of the House Intelligence Committee (see Summer 2005 and October 2005) becomes public knowledge, Harman calls the allegations “irresponsible, laughable, and scurrilous.” Former Solicitor General Theodore Olson, a Republican just hired by Harman to represent her in the matter, tells Time reporter Timothy Burger: “Congresswoman Harman has asked me to follow up on calls you’ve had. She is not aware of any such investigation, does not believe that it is occurring, and wanted to make sure that you and your editors knew that as far as she knows, that’s not true.… No one from the Justice Department has contacted her.” Burger notes that “[i]t is not, however, a given that Harman would know that she is under investigation.” Olson confirms that Harman hired him because even though she doesn’t believe the media reports of the investigation, she takes the possibility seriously. The American Israel Public Affairs Committee (AIPAC), allegedly Harman’s partner in the scheme, also denies any wrongdoing, and says it takes no position on the question of who wins the committee assignment, which was perceived to be a contest between Harman and fellow committee member Alcee Hastings (D-FL). AIPAC spokesman Patrick Dorton says: “Both Congressman Hastings and Congresswoman Harman are strong leaders on issues of importance to the pro-Israel community and would be exemplary Democratic leaders for the House intelligence committee. AIPAC would never engage in a quid pro quo in relation to a federal investigation or any federal matter and the notion that it would do so is preposterous. AIPAC is not aware that the Justice Department is looking into issues involving the intelligence committee, and has not been asked any questions or contacted by the government on this matter, but certainly would cooperate with any inquiry.” Dorton adds that AIPAC has previously been assured that the organization and its current employees are not being investigated. [Time, 10/20/2006]
Majid Khan. [Source: Public domain via Washington Post]The Bush administration submits documents to US District Judge Reggie B. Walton arguing that Majid Khan, a Guatanamo detainee who was held in the secret CIA prison system for three years, cannot be allowed access to lawyers because he may reveal what interrogation techniques were used on him. CIA Information Review Officer Marilyn A. Dorn says in an affidavit that since “detained by CIA in this program, he may have come into possession of information, including locations of detention, conditions of detention, and alternative interrogation techniques that is classified at the TOP SECRET//SCI [sensitive compartmented information] level.” [Washington Post, 11/4/2006]
Former Senator Bob Graham (D-FL), the former chair of the Senate Intelligence Committee, says in an interview that the Valerie Plame Wilson identity leak is one of the worst security breaches in US history. He also says that he believes Vice President Dick Cheney, and not just White House staffers such as Cheney’s former chief of staff Lewis Libby, was responsible for the leak. “It’s hard to believe that the chief of staff to the vice president was acting as a rogue agent,” Graham says. “What we have learned from the trial validates the suspicion that Libby was not just operating as a lone ranger. He was carrying out what the vice president wanted him to do, which was to besmirch Joe Wilson [Plame Wilson’s husband and a forceful critic of the Iraq war]. I think Libby has been a conspirator in one of the most reprehensible and damaging breaches of American security in modern history.” [National Journal, 2/15/2007]
Two British men are found guilty of leaking a secret memo about talks between President Bush and British Prime Minister Tony Blair. David Keogh, a communications officer at the Cabinet Office, is found guilty of two offenses under Britain’s Official Secrets Act, and Leo O’Connor, a researcher for then-member of parliament Anthony Clarke, is found guilty of one offense under the same law. [BBC, 5/9/2007] The memo recorded talks held in the Oval Office between Bush and Blair on April 16, 2004 about the Iraq occupation. Prosecutors claimed during the trial that publication of the document could cost British lives because it contained details about troop movements within Iraq. Few details of the “highly sensitive” memo have been disclosed. However it is known that during his talk with Blair, Bush suggested that allied forces bomb the offices of Arab television network Al Jazeera, a suggestion that many experts and observers have found, in the words of reporter Sarah Lyall, “shocking.” At the time, the White House dismissed reports suggesting this as “outlandish” and a Blair spokesman said, “I’m not aware of any suggestion of bombing any Al Jazeera television station.” [New York Times, 7/12/2006] The jury for the trial is instructed to remain quiet about what they have learned in the courtroom. Keogh originally passed a copy of the classified memo to O’Connor, who passed it along to his boss, Clarke, who is strongly against the war. After receiving the memo, Clarke called the police. O’Connor calls some of the statements in the four-page memo “embarrassing [and] outlandish,” and says he never intended to send copies of the memo to newspapers or other members of parliament. Keogh’s lawyer, Rex Tedd, tells the court that his client “acted out of conscience” and not for any political motivation. “No doubt, he did so misguidedly and he did so in a way which was likely to cause damage.” [BBC, 5/9/2007]
Agents from MI6 engage in secret talks with Taliban leaders despite the British government’s claims that there are no negotiations with terrorists. The Daily Telegraph cites intelligence sources who say that British intelligence agents have been staging discussions known as “jirgas” with senior insurgents on several occasions over the summer. “The [MI6] officers were understood to have sought peace directly with the Taliban with them coming across as some sort of armed militia. The British would also provide ‘mentoring’ for the Taliban,” says one intelligence source. There have reportedly been up to half a dozen meetings between MI6 agents and the Taliban, taking place at housing compounds on the outskirts of Lashkah Gah and in villages in the Upper Gereshk valley, which is to the northeast of the main town in Helmand province. During the talks, the compounds are surrounded by a force of British infantry providing a security cordon. Afghan officials are reported to be present at the clandestine meetings to show that President Hamid Karzai’s government was leading the negotiations. “These meetings were with up to a dozen Taliban or with Taliban who had only recently laid down their arms,” another intelligence source says. “The impression was that these were important motivating figures inside the Taliban.” Helmand province produces most of Afghanistan’s opium, which accounts for up to 90 percent of the world’s supply of heroin. The United Nations has reported that the Taliban derive funding from the trafficking of Afghan opium. [Daily Telegraph, 12/26/2007; United Nations, 11/27/2008]
Muhammad Naeem Noor Khan. [Source: Agence France-Presse / Getty Images]Muhammad Naeem Noor Khan, an al-Qaeda computer expert, is released in Pakistan. He had been arrested in July 2004 (see July 13, 2004) and was quickly turned, sending out e-mails to help out dozens of al-Qaeda operatives around the world before his name was leaked to the press (see July 24-25, 2004 and August 2, 2004). He was held for three years by Pakistan’s intelligence agencies. He was never charged with any crime and apparently there are no plans to charge him in the future. He is said to be living with his parents in Karachi, Pakistan. He is being closely monitored and the media is not allowed to speak with him. US and British officials and analysts express dismay at Noor Khan’s quick release. Seth Jones of the Rand Corporation says, “I find it strange and baffling.… He presents a major threat to the West.” [Guardian, 8/23/2007] Former counterterrorism “tsar” Richard Clarke says, “Khan may have bargained for an early release because he cooperated.” [ABC News, 8/21/2007] But his release also comes at a time when Pakistan’s judiciary is releasing dozens of suspected Islamic militants and government critics who have been held without trial. This is seen as a sign of President Pervez Musharraf’s eroding influence after public protests forced him to reinstate Pakistan’s chief justice. [London Times, 8/23/2007] One former intelligence official says that Khan’s case is a “murky tale” in which there are “no clear answers.” [Guardian, 8/23/2007]
During the Senate debate over the controversial Protect America Act (see August 5, 2007), Minority Leader Trent Lott (R-MS) says that the threat from terrorism is so dire, and so imminent, that lawmakers should pass the law and then get out of Washington as soon as they can to save their own lives. (Congress goes into recess in a few days.) Lott says that Congress needs to pass the PAA, otherwise, “the disaster could be on our doorstep.” He continues, “I think it would be good to leave town in August, and it would probably be good to stay out until September the 12th.” Lott provides no information about any predictions of an imminent terrorist attack on Washington or anywhere else. [Roll Call, 8/2/2007]
The Center for National Security Studies (CNSS) issues a warning about the Protect America Act (PAA—see August 5, 2007). The PAA lets the NSA conduct warrantless surveillance against US citizens “without any meaningful judicial oversight,” the CNSS writes, and gives the NSA almost unlimited access to almost all international communications that originate in, pass through, or terminate with a US citizen, again without oversight. According to the CNSS, the administration refused to countenance any suggestion that the NSA should be restricted to focusing on foreigners, terrorist targets, or conducting surveillance that could be construed as necessary to national security, as well as refusing to allow any meaningful judicial or Congressional oversight. [Center for National Security Studies, 8/5/2007]
Mitch McConnell. [Source: US Senate]President Bush signs the controversial Protect America Act (PAA) into law. The bill, which drastically modifies the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978), was sponsored by two Senate Republicans, Mitch McConnell (R-KY) and Christopher Bond (R-MO), but written by the Bush administration’s intelligence advisers. [US Senate, 8/5/2007; Washington Post, 8/5/2007] It passed both houses of Congress with little debate and no hearings (see August 1-4, 2007). “This more or less legalizes the NSA [domestic surveillance] program,” says Kate Martin, director of the Center for National Security Studies. [New York Times, 8/6/2007] Slate’s Patrick Radden Keefe adds ominously, “The Foreign Intelligence Surveillance Act is now dead, and it’s never coming back.” [Slate, 8/6/2007] The PAA expires in six months, the only real concession Congressional Democrats were able to secure. Though the Bush administration and its allies in Congress insist that the law gives the government “the essential tools it needs” to conduct necessary surveillance of foreign-based terrorists while protecting Americans’ civil liberties, many Democrats and civil liberties organizations say the bill allows the government to wiretap US residents in communication with overseas parties without judiciary or Congressional oversight. Bush calls the bill “a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law” that needs to be expanded and made permanent by subsequent legislation. The administration says that the lack of judiciary oversight in the new law will be adequately covered by “internal bureaucratic controls” at the National Security Agency. [Associated Press, 8/5/2007; Washington Post, 8/5/2007]
Reining in FISA - The PAA allows FISA to return “to its original focus on protecting the rights of Americans, while not acting as an obstacle to conducting foreign intelligence surveillance on foreign targets located overseas.” Before the PAA, the White House says, FISA created unnecessary obstacles in allowing US intelligence to “gain real-time information about the intent of our enemies overseas,” and “diverted scarce resources that would be better spent safeguarding the civil liberties of people in the United States, not foreign terrorists who wish to do us harm.” The PAA no longer requires the government to obtain FISA warrants to monitor “foreign intelligence targets located in foreign countries” who are contacting, or being contacted by, US citizens inside US borders. FISA will continue to review the procedures used by US intelligence officials in monitoring US citizens and foreign contacts by having the attorney general inform the FISA Court of the procedures used by the intelligence community to determine surveillance targets are outside the United States.”
Allows Third Parties to Assist in Surveillance, Grants Immunity - The PAA also allows the director of national intelligence and the attorney general to secure the cooperation of “third parties,” particularly telecommunications firms and phone carriers, to “provide the information, facilities, and assistance necessary to conduct surveillance of foreign intelligence targets located overseas.” It provides these firms with immunity from any civil lawsuits engendered by such cooperation.
Short Term Legislation - The White House says that Congress must pass further legislation to give telecommunications firms permanent and retroactive immunity against civil lawsuits arising from their cooperation with the government’s domestic surveillance program. [White House, 8/6/2006]
Temporary Suspension of the Constitution? - Representative Rush Holt (D-NJ), a member of the House Intelligence Committee, says: “I’m not comfortable suspending the Constitution even temporarily. The countries we detest around the world are the ones that spy on their own people. Usually they say they do it for the sake of public safety and security.” [Washington Post, 8/5/2007]
Entity Tags: Christopher (“Kit”) Bond, National Security Agency, Foreign Intelligence Surveillance Act, George W. Bush, Foreign Intelligence Surveillance Court, Mitch McConnell, Al-Qaeda, Terrorist Surveillance Program, Kate Martin, Patrick Radden Keefe, Rush Holt, Protect America Act
Timeline Tags: Civil Liberties
The American Civil Liberties Union registers bitter disapproval of the newly passed Protect America Act (see August 5, 2007), which it disparagingly labels the “Police America Act.” It writes: “[The act] allows for massive, untargeted collection of international communications without court order or meaningful oversight by either Congress or the courts. It contains virtually no protections for the US end of the phone call or email, leaving decisions about the collection, mining and use of Americans’ private communications up to this administration.” The Attorney General can issue warrants for domestic surveillance of international communications without court review, and can order surveillance of people outside of the US for a year, all without any review by the FISA Court. The PAA “cut[s FISA] out of the process, leaving the executive branch unchecked.” Any telephone or e-mail communications from US citizens “caught up in the dragnet” can be examined at the government’s leisure, the ACLU says, without any privacy considerations or respect for Constitutional rights. The law leaves “the administration to decide how to collect, store, datamine and use Americans’ private communications.” The ACLU says that the court review provisions of the PAA are a sham. The Attorney General need not explain how US citizens’ communications are handled once they are intercepted. The FISA Court “will have no information about how extensive the breach of American privacy is, nor the authority to remedy it.” The provisions for Congressional oversight are equally meaningless, the ACLU says, because the Attorney General is not required to disclose any information about what domestic communications the government has intercepted or what is being done with those intercepts. [American Civil Liberties Union, 8/7/2007]
Ryan Singel. [Source: Wired]According to Ryan Singel of Wired, the new Protect America Act (PAA—see August 5, 2007) gives the Bush administration “the power to order the nation’s communication service providers—which range from Gmail, AOL IM, Twitter, Skype, traditional phone companies, ISPs, internet backbone providers, Federal Express, and social networks—to create possibly permanent spying outposts for the federal government.” He adds: “These outposts need only to have a ‘significant’ purpose of spying on foreigners, would be nearly immune to challenge by lawsuit, and have no court supervision over their extent or implementation. Abuses of the outposts will be monitored only by the Justice Department, which has already been found to have underreported abuses of other surveillance powers to Congress.” In addition, Singel says the PAA redefines any monitoring of US citizens’ telephone and Internet communications “reasonably believed” to be outside the country as not surveillance, allows telecommunications firms to target both foreign and domestic parties for surveillance, and forces those firms to give assistance in secret, without informing Congress or the targeted parties. [Wired News, 8/6/2007]
Aziz Huq. [Source: American Prospect]Aziz Huq, an author and the director of the Brennan Center for Justice at New York University, writes that the Protect America Act (PAA-see August 5, 2007) came about as a result of what he calls “the most recent example of the national security waltz, a three-step administration maneuver for taking defeat and turning it into victory.” Step one is a court defeat for the administration, for example regarding detainees at Guantanamo (see June 28, 2004), or the overruling of military commissions in 2006 (see June 30, 2006). The second step, which comes weeks or months later, is an announcement that the ruling has created a security crisis and must be “remedied” through immediate legislation. The third and final step is the administration pushing legislation through Congress, such as the Detainee Treatment Act (see December 15, 2005) or the Military Commissions Act, that, Huq writes, “not only undoes the good court decision but also inflicts substantial damage to the infrastructure of accountability.”
Step One: FISC Refuses to Approve NSA's Surveillance Program - In January 2007, the administration announced that it was submitting the NSA’s domestic surveillance program to the Foreign Intelligence Surveillance Court (FISC), the secret court that issues FISA warrants for surveillance (see May 1, 2007). This was due to pending court cases threatening to rule the program in violation of FISA and the Fourth Amendment; the administration wanted to forestall, or at least sidestep, those upcoming rulings. In June, FISC refused to approve parts of the NSA program that involved monitoring overseas communications that passed through US telecom switches. Since a tremendous amount of overseas communications are routed through US networks, this ruling jeopardized the NSA’s previous ability to wiretap such communications virtually at will without a warrant. The administration objected to the NSA having to secure such warrants.
Step Two: The Drumbeat Begins - Months later, the drumbeat for new legislation to give the NSA untrammeled rights to monitor “overseas” communications, which not only traveled through US networks, but often began or ended with US citizens, began with appearances in the right-wing media by administration supporters, where they insisted that the FISC ruling was seriously hampering the NSA’s ability to garner much-needed intelligence on terrorist plots against the US. The White House and Congressional Republicans drafted legislation giving the NSA what it wanted, and presented it during the last week of the Congressional session, minimizing the time needed for scrutiny of the legislation as well as reducing the time available for meaningful debate.
Step Three: Passing a Law With Hidden Teeth - The legislation that would become the Protect America Act was carefully written by Bush officials, and would go much farther than giving the NSA the leeway it needed to wiretap US citizens. Instead, as Huq writes, “the Protect America Act is a dramatic, across-the-board expansion of government authority to collect information without judicial oversight.” Democrats believed they had negotiated a deal with the administration’s Director of National Intelligence, Mike McConnell, to limit the law to addressing foreign surveillance wiretaps, but, Huq writes, “the White House torpedoed that deal and won a far broader law.” The law removes any real accountability over domestic surveillance by either Congress or the judiciary. Former CIA officer Philip Giraldi says that the PAA provides “unlimited access to currently protected personal information that is already accessible through an oversight procedure.” The law is part of the administration’s continual attempts to “eviscerat[e]” the checks and balances that form the foundation of US democracy.
Ramifications - The law includes the provision that warrantless surveillance can be “directed at a person reasonably believed to be located outside of the United States.” Huq writes that this is a tremendously broad and vague standard that allows “freewheeling surveillance of Americans’ international calls and e-mails.” He adds: “The problem lies in the words ‘directed at.’ Under this language, the NSA could decide to ‘direct’ its surveillance at Peshawar, Pakistan—and seize all US calls going to and from there.… Simply put, the law is an open-ended invitation to collect Americans’ international calls and e-mails.” The law does not impose any restrictions on the reason for surveillance. National security concerns are no longer the standard for implementing surveillance of communications. And the phrase “reasonably believe” is uncertain. The provisions for oversight are, Huq writes, “risibly weak.” Surveillance need only be explained by presentations by the Director of National Intelligence and the Attorney General to FISC, which has little room to invalidate any surveillance, and furthermore will not be informed of any specific cases of surveillance. As for Congress, the Attorney General only need inform that body of “incidents of noncompliance” as reported by the administration. Congress must rely on the administration to police itself; it cannot demand particulars or examine documentation for itself. The law expires in six months, but, Huq notes, that deadline comes up in the middle of the 2008 presidential campaign, with all the pressures that entails. And the law allows “the NSA to continue wielding its new surveillance powers for up to a year afterward.” The law, Huq writes, “does not enhance security-related surveillance powers. Rather, it allows the government to spy when there is no security justification. And it abandons all but the pretense of oversight.” [Nation, 8/7/2007]
Former Nixon White House counsel John Dean considers the newly passed Protect America Act (PAA—see August 5, 2007) a dire threat to American civil liberties. Dean writes that the ire of rank-and-file Democrats with their Congressional leadership is well earned, that the Democrats meekly lined up and voted it into law after some pro forma protestations. Dean notes that editorialists from around the country, and organizations as politically disparate as the ACLU (see August 6, 2007), the Cato Institute, and the John Birch Society (see March 10, 1961 and December 2011) all agree that the new law is a serious threat to civil liberties. They all agree that the law violates the Fourth Amendment while at the same time hides its operations under the rubric of national security secrecy. Dean notes, “Congress was not even certain about the full extent of what it has authorized because President Bush and Vice President Cheney refused to reveal it.”
Executive Power Grab - Dean writes that as much of a threat as the PAA is to citizens’ privacy, it is more threatening because it is another step in the Bush administration’s push for enhancing the powers of the executive branch at the expense of the legislative and judiciary branches, a move towards a so-called “unitary executive.” Bush and Cheney have worked relentlessly “to weaken or eliminate all checks and balances constraining the executive,” Dean writes, pointing to “countless laws enacted by the Republican-controlled Congresses during the first six years of the administration, and in countless signing statements added by the president interpreting away any constraints on the Executive.” The new law “utterly fails to maintain any real check on the president’s power to undertake electronic surveillance of literally millions of Americans. This is an invitation to abuse, especially for a president like the current incumbent.”
Repairing the Damage - Dean is guardedly optimistic about the Democrats’ stated intentions to craft a new law that will supersede the PAA, which expires in February 2008, and restore some of the protections the PAA voids. Any such legislation may be quickly challenged by the Bush administration, which wants retroactive legislative immunity from prosecution for both US telecommunications firms cooperating with the government in monitoring Americans’ communications, and for government officials who may have violated the law in implementing domestic surveillance. Dean writes: “[B]efore Congress caved and gave Bush power to conduct this surveillance, he and telecommunication companies simply opted to do so illegally. Now, Bush will claim, with some justification, that because Congress has now made legal actions that were previously illegal, it should retroactively clear up this nasty problem facing all those who broke the law at his command.” Dean writes that Democrats need only do one thing to “fix [this] dangerous law: [add] meaningful accountability.” He continues: “They must do so, or face the consequences. No one wants to deny the intelligence community all the tools it needs. But regardless of who sits in the Oval Office, no Congress should trust any president with unbridled powers of surveillance over Americans. It is not the way our system is supposed to work.” [FindLaw, 8/10/2007]
Newt Gingrich. [Source: Public domain]Former Republican House Speaker Newt Gingrich says that the US should sabotage Iran’s gasoline refinery as part of its efforts to bring down the Iranian government. Gingrich also is harshly critical of the Bush administration for its failure to deal more strongly with Iraq, saying, “I can’t imagine why they put up with this. I mean, either General Petraeus is wrong and the military spokesman’s wrong, or the current policies we have are stunningly ineffective.” He then gives his own prescription for regime change in Iran: “We should finance the students. We should finance a Radio Free Iran. We should covertly sabotage the only gasoline refinery in the country. We should be prepared, once the gasoline refinery is down, to stop all of the gasoline tankers and communicate to the Iranian government that if they want to move equipment into Iran—into Iraq, they’re going to have to walk.” Gingrich adds, “I think we are currently so timid and our bureaucracies are so risk-avoiding—it took enormous leadership by President Reagan and by Bill Casey to reenergize the CIA in the early ‘80s. And we’ve now been through a long period of beating up the intelligence community and having lawyers say, You can’t do this, you can’t do that.” [Fox News, 9/25/2007]
The cover of Plame Wilson’s ‘Fair Game.’ [Source: Amazon (.com)]Former CIA spy and case officer Valerie Plame Wilson (see July 14, 2003), an expert on Iraqi WMD, publishes her memoir of her time in the CIA, Fair Game. The book’s publisher, Simon & Schuster, notes that significant amounts of material Plame Wilson originally wrote for the book were redacted by the CIA, and the redactions survived a lawsuit aimed at restoring them. “Accordingly,” the publisher writes, “Ms. Wilson’s portion of this book contains only that information that the CIA has deemed unclassified and has allowed her to include.” The portions the CIA ordered redacted are represented by blacked-out passages. Some of the incidents covered in the redacted material are revealed in an afterword written by journalist Laura Rozen. [Simon & Schuster, 9/19/2007 ] On the subject of Iraqi WMDs, Plame Wilson writes: “[I]t is easy to surrender to a revisionist idea that all the WMD evidence against Iraq was fabricated. While it is true that powerful ideologues encouraged a war to prove their own geopolitical theories, and critical failures of judgment were made throughout the intelligence community in the spring and summer of 2002, Iraq, under its cruel dictator Saddam Hussein, was clearly a rogue nation that flouoted international treaties and norms in its quest for regional superiority.” Using material and information collected by the nonpartisan Center for Nonproliferation Studies, Plame Wilson notes that by 2001, Iraq had made progress in all three major areas of WMD.
Iraq could have “probably” fabricated a crude nuclear device if it had successfully secured enough uranium or plutonium.
Iraq was a few years away from being able to produce its own weapons-grade fissile material.
It had a large, experienced pool of nuclear weapons scientists and technicians, and viable plans for building nuclear devices.
Iraq had actively sought equipment related to building nuclear devices.
Iraq had repeatedly violated UN Resolution 687, which mandated that all materials and information related to the construction of nuclear weapons possessed by Iraq must be destroyed.
Between 1972 and 1991, Iraq had an active and growing nuclear weapons development program involving some 10,000 people and $10 billion, and in 1990 it attempted to divert uranium sealed under an agreement with the International Atomic Energy Agency (IAEA) for nuclear weapons development.
Iraq had plans for equipping existing Al-Hussein (modified Scud-B) missiles, with a 300-kilometer range, or possibly modifying Al-Hussein missiles, to fly as far as 650 kilometers. The US believed that, if allowed to work unchallenged, Iraq could build missiles capable of flying 3,000 kilometers within 5 years and build full-fledged ICBMs (intercontinental ballistic missiles) within 15 years.
In 1987, Iraq had reportedly field-tested some sort of radiological bomb.
Iraq was believed to have retained stockpiles of biological weapons munitions, including over 150 aerial bombs and at least 25 Al-Hussein missiles with either chemical or biological warheads. At least 17 metric tons of bioweapons growth media remained unaccounted for. Iraq was also believed to possess weaponized strains of anthrax, smallpox, and camelpox. It had conducted tests on delivering biological and/or chemical payloads via unmanned “drone” aircraft.
Iraq was believed to have bioweapons sprayers built to be deployed by its fleet of F-1 Mirage fighters.
Iraq was believed to have kept hidden bioweapons laboratories capable of producing “dry” biological weapons, which have much longer shelf lives and can be deployed with greater dissemination. It was also thought to be able to produce anthrax, aflatoxin, botulism, and clostridium.
During the 1990-91 Gulf War, Iraq had prepared, but not launched, a number of Al-Hussein missiles equipped with biological and/or chemical warheads.
Iraq had repeatedly violated the mandate of UN Resolution 687, which required that all Iraqi bioweapons capabilities be destroyed.
In 2001, Iraq was believed to possess a stockpile of chemical munitions, including at least 25 chemical or biologically-equipped Al-Hussein missiles, 2,000 aerial bombs, up to 25,000 rockets, and 15,000 artillery shells.
Iraq was believed to have the means to produce hundreds of tons of mustard gas, VX toxin, and other nerve agents.
Iraq was reconstructing its former dual-use chemical weapons facilities that had been destroyed during the 1991 Gulf War and during follow-up air strikes. A huge chemical arsenal had been destroyed by UN inspectors after the war.
Iraq retained a large and experienced pool of scientists and technicians capable of making chemical weapons.
In 1988 and 1989, Iraq had used chemical weapons against Iraqi Kurds, and from 1983 through 1989, had used chemical weapons against Iranian troops.
Iraq had repeatedly violated UN Resolution 687, which mandated that all chemical weapons technology and materials in Iraqi hands be destroyed.
Iraq was not a signatory to the Chemical Weapons Convention.
Plame Wilson writes that in 2001, the general view of Iraq among the US intelligence community was that the nation’s government was “dangerous and erratic,” and very interested in procuring chemical, biological, and nuclear weapons technology. The community’s knowledge of Iraq’s WMD program “was a huge puzzle with only a few pieces that fit together correctly.… [N]one of us knew what the completed puzzle would look like.” [Wilson, 2007, pp. 97-98]
Through investgative blogger Brad Friedman, former FBI translator Sibel Edmonds makes an open offer to all broadcast TV networks to give any one of them an exclusive “tell all” interview in exchange for unedited air time. Edmonds says, “[h]ere’s my promise to the American Public: If anyone of the major networks—ABC, NBC, CBS, CNN, MSNBC, Fox—promise to air the entire segment, without editing, I promise to tell them everything that I know.” She further explains, “I can tell the American public exactly what it is, and what it is that they are covering up,” adding, “I’m not compromising ongoing investigations,” as “they’ve all been shut down since.” Edmonds has already gone to Congress, the Justice Department inspector general, and the 9/11 Commission, and on two separate occasions had been gagged under the State Secrets Act to prevent her testimony in court. Regarding what she has to talk about, Friedman summarizes it as: “Everything she hasn’t been allowed to tell since 2002, about the criminal penetration of the FBI where she worked, and at the Departments of State and Defense; everything she heard concerning the corruption and illegal activities of several well-known members of Congress; everything she’s aware of concerning information omitted and/or covered up in relation to 9/11. All of the information gleaned from her time listening to and translating wire-taps made prior to 9/11 at the FBI.” [Bradblog.com, 10/29/2007]
Scott McClellan. [Source: White House]Former White House press secretary Scott McClellan says he “passed along false information” at the behest of five top Bush administration officials—George W. Bush, Dick Cheney, Karl Rove, Lewis Libby, and Andrew Card—about the outing of CIA agent Valerie Plame Wilson during his time in the White House. McClellan is preparing to publish a book about his time in Washington, to be titled What Happened: Inside the Bush White House and What’s Wrong With Washington and available in April 2008. [Editor & Publisher, 11/20/2007] According to McClellan’s publisher Peter Osnos, McClellan doesn’t believe that Bush deliberately lied to him about Libby’s and Rove’s involvement in the leak. “He told him something that wasn’t true, but the president didn’t know it wasn’t true,” Osnos says. “The president told him what he thought to be the case.” [Bloomberg, 1/20/2007] Early in 2007, McClellan told reporters that everything he said at the time was based on information he and Bush “believed to be true at the time based on assurances that we were both given.” [Associated Press, 11/21/2007] In his book, McClellan writes: “Andy Card once remarked that he viewed the Washington media as just another ‘special interest’ that the White House had to deal with, much like the lobbyists or the trade associations. I found the remark stunning and telling.” [McClellan, 2008, pp. 155]
White House Denials; Outrage from Plame, Democrats - White House press secretary Dana Perino says it isn’t clear what McClellan is alleging, and says, “The president has not and would not ask his spokespeople to pass on false information,” adding that McClellan’s book excerpt is being taken “out of context.” Plame has a different view. “I am outraged to learn that former White House press secretary Scott McClellan confirms that he was sent out to lie to the press corps,” she says. Senator Charles Schumer (D-NY) adds, “If the Bush administration won’t even tell the truth to its official spokesman, how can the American people expect to be told the truth either?” [Bloomberg, 1/20/2007; Associated Press, 11/21/2007] Senator and presidential candidate Christopher Dodd (D-CT) calls for a Justice Department investigation into Bush’s role in the Plame outing, and for the new attorney general, Michael Mukasey, to lead the investigation. [Raw Story, 11/21/2007]
Alleged Criminal Conspiracy - Investigative reporter Robert Parry writes: “George W. Bush joined in what appears to have been a criminal cover-up to conceal the role of his White House in exposing the classified identity of covert CIA officer Valerie Plame Wilson. That is the logical conclusion one would draw from [McClellan’s book excerpt] when it is put into a mosaic with previously known evidence.” [Consortium News, 11/21/2007] Author and columnist John Nichols asks if McClellan will become the “John Dean of the Bush administration,” referring to the Nixon White House counsel who revealed the details of the crimes behind the Watergate scandal. Nichols writes: “It was Dean’s willingness to reveal the details of what [was] described as ‘a cancer’ on the Nixon presidency that served as a critical turning point in the struggle by a previous Congress to hold the 37th president to account. Now, McClellan has offered what any honest observer must recognize as the stuff of a similarly significant breakthrough.” Former Common Cause President Chellie Pingree says: “The president promised, way back in 2003, that anyone in his administration who took part in the leak of Plame’s name would be fired. He neglected to mention that, according to McClellan, he was one of those people. And needless to say, he didn’t fire himself. Instead, he fired no one, stonewalled the press and the federal prosecutor in charge of the case, and lied through his teeth.” [Nation, 1/21/2007]
Entity Tags: Peter Osnos, Public Affairs, Michael Mukasey, Scott McClellan, Robert Parry, Richard M. Nixon, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Karl C. Rove, Richard (“Dick”) Cheney, John Nichols, Central Intelligence Agency, Andrew Card, Bush administration (43), Charles Schumer, Joseph C. Wilson, Christopher Dodd, George W. Bush, Dana Perino, Chellie Pingree
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing
Michael McConnell, the director of national intelligence, writes an op-ed for the New York Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Under August’s Protect America Act, McConnell writes, the country is “safer” from terrorist attacks while the privacy of US citizens is protected (see August 5, 2007). The government has “greater understanding of international [al-]Qaeda networks, and the law has allowed us to obtain significant insight into terrorist planning.” But the Act expires in two months, and McConnell wants it re-enacted and significantly expanded “if we are to stay ahead of terrorists who are determined to attack the United States.” Echoing the arguments of Bush administration officials, McConnell attacks the “outdated” Foreign Intelligence Surveillance Act as significantly hindering the government’s “ability to collect timely foreign intelligence.” McConnell complains: “Our experts were diverted from tracking foreign threats to writing lengthy justifications to collect information from a person in a foreign country, simply to satisfy an outdated statute that did not reflect the ways our adversaries communicate. The judicial process intended to protect the privacy and civil liberties of Americans was applied instead to foreign intelligence targets in foreign countries. This made little sense, and the Protect America Act eliminated this problem.” McConnell calls for new legislation that would obviate the need for intelligence agencies such as the NSA to seek warrants to monitor US citizens’ telephone and e-mail communications: “The intelligence community should spend its time protecting our nation, not providing privacy protections to foreign terrorists and other diffuse international threats.” He also calls for retroactive immunity for “private parties”—i.e. the US telecommunications companies—that are subject to lawsuits over their cooperation with the NSA in monitoring US communications. “The intelligence community cannot go it alone,” he writes. “Those in the private sector who stand by us in times of national security emergencies deserve thanks, not lawsuits.” Two days later, new Attorney General Michael Mukasey will write a virtually identical op-ed for the Los Angeles Times (see December 12, 2007). [New York Times, 12/10/2007]
Michael Mukasey, the new Attorney General, writes an op-ed for the Los Angeles Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Mukasey supports the NSA program, echoing the administration’s long insistence that the surveillance program is “crucial” in protecting the country against terrorist attacks. He also reiterates the administration’s criticism of the “outdated” Foreign Intelligence Surveillance Act, which he says hampers the government’s ability to collect needed intelligence and does little to protect the privacy of US citizens. Mukasey calls for Congress to pass a Senate bill that would grant the telecommunications firms retroactive immunity to civil lawsuits and criminal charges surrounding their cooperation with the NSA, and would no longer require court orders for the government to “direct surveillance at foreign targets overseas”—surveillance that would target US citizens. Mukasey says the US will “need the full-hearted help of private companies in our intelligence activities; we cannot expect such cooperation to be forthcoming if we do not support companies that have helped us in the past.” Mukasey strongly opposes another Senate bill that would grant no immunity and would continue to require the government to obtain FISA Court warrants before wiretapping domestic communications. Two days earlier, the director of national intelligence, Michael McConnell, penned a virtually identical op-ed for the New York Times (see December 10, 2007). [Los Angeles Times, 12/12/2007]
The Bush administration begins a push to get Congress to pass legislation to protect telecommunications companies from lawsuits over their assistance with the NSA’s warrantless wiretapping program. This is part of the administration’s long and sometimes uneasy partnership with the telecom industry to conduct a wide range of secret anti-terrorism surveillance operations. The firms fear further lawsuits and more public exposure, and some have refused outright to cooperate (see February 27, 2001 and 1990s).
Fiber Optics - Twenty years ago, the NSA had little difficulty in monitoring telephone communications because older technology relied on broadcast signals carried by microwave towers and satellite relays; the agency used its own satellite dishes to cull the signals. But fiber optic communications are much more difficult to tap, forcing the agency to seek the cooperation of the telecoms to monitor their signals.
Relationship - “It’s a very frayed and strained relationship right now, and that’s not a good thing for the country in terms of keeping all of us safe,” says an industry official in favor of immunity for the telecoms. “This episode has caused companies to change their conduct in a variety of ways.” Both the director of national intelligence, Mike McConnell, and the new Attorney General, Michael Mukasey, write virtually identical op-eds in recent days calling for passage of legislation to grant immunity to the telecoms and remove the need to obtain warrants to wiretap Americans’ communications (see December 10, 2007 and December 12, 2007).
Two Bills - Currently, two bills are before Congress: one largely crafted by Republicans and passed on by the Senate Intelligence Committee that would grant retroactive immunity to the telecoms, and another from the House Judiciary Committee that would not. The White House says President Bush will veto any legislation that does not grant immunity to the telecoms. [New York Times, 12/16/2007]
Coinciding with the publication of the first article in a series in Britain’s Sunday Times covering some of her allegations (see Mid-Late 1990s, (1997-2002), 2000-2001, Summer 2000, Summer 2001 and After September 11, 2001), former FBI translator Sibel Edmonds posts a gallery of 18 photos of people and three images of question marks on her website, justacitizen.com (see August 8, 2009). The 21 images are divided into three groups, and the page is titled “State Secrets Privilege Gallery.” No other explanation of the images is given, and the photos include no names or captions. [Sibel Edmonds, 1/6/2008] Luke Ryland, a blogger who has been closely following Sibel Edmonds’s case, posts an entry on his blog titled “Sibel ‘names names’ (in pictures!),” in which he puts names to the faces, and says, “we can reasonably presume that they are the 21 guilty people in her case.” Ryland notes that the three groups correspond to the affiliations of the people in the photos: “The first group contains current and former Pentagon and State Department officials”: Richard Perle, Douglas Feith, Eric Edelman, Marc Grossman, Brent Scowcroft, and Larry Franklin. “The second group is current and former congressmen”: Ex-House Speaker Dennis Hastert (R-IL), Roy Blunt (R-MO), Dan Burton (R-IN), Tom Lantos (D-CA), ? (box with question mark), Bob Livingston (R-LA), a former House speaker, and Stephen Solarz (D-NY). “The third group includes people who all appear to work at think tanks—primarily WINEP, the Washington Institute for Near East Policy”: Graham E. Fuller—RAND Corporation, David Makovsky—WINEP, Alan Makovsky—WINEP, ? (box with question mark), ? (box with question mark), Yusuf Turani (president-in-exile, Turkestan), Professor Sabri Sayari (Georgetown, WINEP), and Mehmet Eymur (former head of the Turkish intelligence agency MIT). [Luke Ryland, 1/6/2008]
Entity Tags: Tom Lantos, Sibel Edmonds, David Makovsky, Dan Burton, Brent Scowcroft, Bob Livingston, Alan Makovsky, Dennis Hastert, Stephen Solarz, Douglas Feith, Graham Fuller, Sabri Sayari, Roy Blunt, Richard Perle, Marc Grossman, Luke Ryland, Eric Edelman, Yusuf Turani
Timeline Tags: Complete 911 Timeline
A human rights organization called the Liberty Coalition receives an anonymous letter regarding the involvement of high-ranking US officials in an FBI-monitored nuclear smuggling ring linked to Pakistani nuclear scientist A. Q. Khan. The letter makes a number of allegations about the ring, some of which corroborate similar allegations previously made by FBI whistleblower Sibel Edmonds. For example, the letter names a high-ranking State Department official, who it says was recorded speaking to a counterpart at the Turkish embassy between August and December 2001. During this time the official passed on a warning that the smuggling ring should not deal with Brewster Jennings & Associates, as it was a CIA front (see Summer-Autumn 2001). The letter also says that Turkish FBI surveillance targets talked to agents of Pakistan’s ISI based at the Pakistani embassy in Washington, and that “operatives” at the American-Turkish Council (ATC) were also monitored. The tip-off instructs the Coalition to submit a Freedom of Information Request for the specific file number, but the FBI will say that the file does not exist (see January 20, 2008). [Sunday Times (London), 1/20/2008] The high-ranking State Department official who is not named in the Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Philip Giraldi, writing in the American Conservative. [Raw Story, 1/20/2008; American Conservative, 1/28/2008]
The FBI is accused of covering up a key case file containing evidence against corrupt government officials involved in a nuclear smuggling ring. The case file’s number is allegedly 203A-WF-210023, but the FBI denies it exists in response to a Freedom of Information Act request specifically for a file with that number. The request was made by the Liberty Coalition, a human rights group, based on an anonymous tip-off (see Before January 20, 2008). However, the Sunday Times obtains a document signed by an FBI official saying that the case file does exist. FBI whistleblower Sibel Edmonds also says that the file exists, that she previously discussed its contents with Congressional committees, and that the denial by the FBI is an “outright lie.” According to Edmonds, the file “refers to the counterintelligence program that the [Justice Department] has declared to be a state secret to protect sensitive diplomatic relations.” An FBI spokesman contacted by the Sunday Times is not familiar with the case file but comments, “if the FBI says it doesn’t exist, it doesn’t exist.” [Sunday Times (London), 1/20/2008]
An Israeli spy satelite is launched by the Indian Space Research Organization (ISRO), signaling a continuing realignment of India with Israel and the US as well as straining relations with Iran and the Arab states. On the same day, Iran’s ambassador in New Delhi condemns India’s collaboration with Israel on the covert project, and accuses the United States and Israel of trying to create tensions in the region. Achin Vanaik, professor of international relations and global politics at Delhi University, later says, “India has recently allowed its new strategic relationship with the US and Israel to prevail over its traditional friendship with Iran.” The satellite incident is only the latest in a series of major arms, technology, and intelligence deals between India and Israel, including, according to sources, training of India’s external intelligence agencies by the Mossad. [Asia Times, 2/8/2008] India has agreed to launch two more spy satellites for Israel in exchange for receiving some of the image intelligence gathered. [Jerusalem Post, 2/25/2008]
UN rights envoy Philip Alston says that foreign intelligence agents leading Afghan units are operating with impunity in Afghanistan and are responsible for killing innocent civilians in numerous secret raids. Alston, a special investigator for the UN Human Rights Council, slams the operations as “absolutely unacceptable,” and says that foreign officials have dodged responsibility when confronted on the allegations. “It is absolutely unacceptable for heavily armed internationals accompanied by heavily armed Afghan forces to be wandering around conducting dangerous raids that too often result in killings without anyone taking responsibility for them,” says Alston. While not specifying the intelligence agencies involved, Alston implies American involvement, mentioning one raid in January conducted by Afghans and personnel from US special forces based in Kandahar that killed two Afghan brothers. Alston’s sources of information include senior government ministers, the chief justice, the Afghan intelligence chief, international military commanders, members of civic groups, and tribal elders. “Based on my discussions, there is no reason to doubt that at least some of these units are led by personnel belonging to international intelligence services,” he says. [Associated Press, 5/15/2008]
Bombs explode in crowded places in the towns of Malegaon and Modasa, killing five people. The Bharatiya Janata Party (see July 2000) promptly condemns the attacks. Islamist groups are initially suspected, partly because one of the bombs was placed on a motorcycle that had Islamist stickers attached. The police investigation, however, traces the motorcycle to a member of the Jagran Manch, a Hindu extremist organization with reported links to the BJP. [Express India, 10/22/2008; Indian Express, 10/24/2008]
The Indian Anti-Terrorism Squad (ATS) arrests Lieutenant Colonel Shrikant Purohit as the ninth person taken into custody in connection with the Malegaon bombings (see September 29, 2008). Others arrested include retired Major Ramesh Upadhyay and Pragya Singh Thakur, a Hindu nun. Thakur is a former member of the students’ wing of the Bharatiya Janata Party (BJP—see July 2000). She is also a former member of the national executive of the Akhil Bharatiya Vidyarthi Parishad (ABVP), the students’ wing of the Rashtriya Swayamsevak Sangh (RSS) which is the leading Hindu nationalist organization in India. [Times of India, 11/5/2008; New York Times, 11/11/2008] ATS officials say that Purohit used military intelligence funds and resources to execute the bombings. They also ask the court for permission to interrogate a “high profile leader” who is rumored to be Yogi Adityanath, a BJP Member of Parliament. [Indo-Asian News Service, 11/11/2008] ATS Chief Hermant Karkare states that the ATS has sufficient evidence to convict Purohit, and that the case will go to court. [Tehelka, 12/6/2008] Investigators say that Purohit and Upadhyay were both members of Abhinav Bharat, a Hindu nationalist organisation. The BJP initially distances itself from the accused, but then changes tack and defends and offers to provide legal support for Thakur. [London Times, 11/8/2008]
Former Vice President Dick Cheney praises President Obama’s choice of Stanley McChrystal to replace General David McKiernan as the top commander in Afghanistan. In an interview with Fox News’s Neil Cavuto, Cheney says that the Obama administration’s decision to assign Lieutenant General Stanley McChrystal the top job in Afghanistan is a good one. “I think the choice is excellent.… Stan is an absolutely outstanding officer,” Cheney tells Cavuto. “I think you would be hard put to find anybody better than Stan McChrystal to take on that assignment.” [Your World with Neil Cavuto, Fox News, 5/13/2009] In a 2006 profile of McChrystal, Newsweek noted that the secretive Joint Special Operations Command (JSOC), which McChrystal then headed, was likely part of what Cheney was referring to when he said America would have to “work the dark side” after 9/11 (see September 16, 2001). [Newsweek, 6/26/2006]
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